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Published: 2008-05-13 23:10:00
Updated: 2008-05-14 08:49:11

Drug case challenged after video airs on YouTube


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The biggest drug bust in Lee County may be in jeopardy because crime-scene video appeared on the Internet.

Worth nearby $5 million, 1,900 pounds of marijuana was seized on White Road near  U.S. Highway 15/501 on Jan. 25. Instead of being submitted into evidence, the video turned up on YouTube.

Investigators, prosecutors and defense attorneys claim they didn't even know the video existed until word spread that it was online.

“It's my understanding that there were two Sanford police officers who came to the scene and did record part of the crime scene,” Lee County Sheriff Tracy Carter said.

Carter said he does not know what the officers were doing there. Federal and state agents were on the scene, he said, but local police were never called.

"I'm upset that this happened,” Carter added.

Auturo Elizalde, 27, and Thomas Ayala, 32, were arrested during the bust.

"I couldn't believe that there was a videotape that had not been given to me,” defense attorney George Whitaker said.

Whittaker, who represents Ayala, filed a motion in court Tuesday, asking for the case to be dismissed. The motion argues that the video – which he said could help clear Ayala – should have been submitted as evidence.

“This video, showing the efforts that the ICE (Immigration and Customs Enforcement) agents had to go (to), to fish packages of marijuana out of the boxes, would tend to corroborate Mr. Ayala's position ... that he didn't know there was marijuana in those boxes,” Whitaker said.

The sheriff disagrees.

“I feel like it's not going to have any bearing on the case. It's not going to change the fact that these individuals were caught in possession of marijuana. But that is going to be ultimately up to the courts to decide,” he said.

The drug bust was part of a joint investigation with ICE, a federal agency, and the North Carolina State Bureau of Investigation. The marijuana was tracked from Mexico to Lee County.

The video has been removed from YouTube.  The officer who submitted the video is no longer with the Sanford Police Department. Officials withheld his name.

Elizalde and Ayala are each being held on $500,000 bond.


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DON'T START NOTHING WANT BE NOTHING........ WISE MAN SAY YOU BURN YOUR BRIDGES AROUND YOU,YOU WILL SELF DESTRUCT!!!!!OPPS TO LATE

You know this is some funny stuff. 4 more yrs i don't think so and if so glad I don't live there.ha ha.....

by the way LC you keep talking about people wasting money does MR. Coble know what you're doing on his time? Lee Christian sure enough doesn't have as much money as Lee County has to "waste". One more thing, how's that criminology degree working out for you being a secretary? You sure are doing UNC-W proud

hford29...Im not sure I understand all this comic book stuff but I can tell you that this ole' dog has been around "poly-ticks" for a long time. If arrest are up, they attack the crime rate. If the crime rate goes down, they attack conviction rates. If the conviction rates are good they start with the personal attacks. Its the same old song and dance. I have gone back and looked at LCSD's prior post. I notice their "rage" over the Sheriff's dept but I also notice how they dodge the same issues with the SPD. I wonder why.. It's so obvious that this person has a personal axe to grind. Take it from the ole' dog... and let them talk. The more they talk, the more they help Sheriff Carter. Folks around here don't want to hear that noise. They want to see a sheriff at least making an effort and not bowing down to Ole' Ronnie boy, not about some possible child or kids in cars. LSCD-you want to save taxes. Call your commisioner and tell him to cut out some of that waste they pass every year.

I forgot to ask LCSD where I could get that deputy job at that he/she mentioned. tgoodman you make a good point about dirty politics. I dont care what these people say about rumors such as conviction rates, those people should go sit in court and see for themselves how things work. All i know is I see way many more bust that the previous city county drug unit. Prior to the separation I never read about any bust, oh wait a minute I do remember a couple, I think they where every four years. Oh yeah and by the way LT.Einhorn those comic book characters, renta cops, and metal detector guards must of toughened up cause they sure have kicked alot you know what since they have been in office.

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