Dismissed Johnston County cases

These defendants had charges in Johnston County dismissed under suspicious circumstances. In March, a grand jury indicted six people on charges they altered court records and used pre-signed dismissal forms.

Most of the cases in question, but not all, involved driving while impaired charges.* Where the charge was DWI, the suspect's blood-alcohol concentration (BAC) is noted.

In many of the cases, records show the case remained on the court calendar for weeks and months after the date on the dismissal form.

For some of the defendants in these cases, it was not the first or last alcohol-related charge. A record of charges before and since the suspect dismissal are noted by date and BAC.

*Under state law, DWI can be proven in one of two ways:
1. By proving the driver's physical or mental fitness are appreciably impaired by alcohol, drugs or a combination of both.
2. By proving the driver's BAC is 0.08 or higher.

No mug shot available	Bernardo Rogue Aguilar, 30 Address: 7110 Old Stage Road, Angier Date of offense:03/25/2007 Charge; BAC; arresting officer's notes: DWI; 0.17; Attorney: Chad Lee Date of dismissal: 09/13/2007 Reason for dismissal: date of offense is March 25, but citation not converted to magistrate order until May 29, making magistrate order not valid
No mug shot available	Ann Kennedy Barbour Address: 3646 Barber Mill Road, Clayton Date of offense: 02/04/2007 Charge; BAC; arresting officer's notes: DWI; 0.08; Attorney: Chad Lee Date of dismissal: 08/14/2007 (Court records indicate case had been continued to Jan. 24, 2008.) Reason for dismissal: defendant stopped for improper tags, no bad driving, officer said driving was fine, low blow .08
No mug shot available	Javier Barrera Address: 617 N. 4th St., Smithfield Date of offense: 01/06/2007 Charge; BAC; arresting officer's notes: DWI, driving without headlamps; 0.09; Attorney: Chad Lee Date of dismissal: 09/25/2007 (Court records indicate case had been continued to October 2007.) Reason for dismissal: no bad driving, stopped only for headlamps, low blow at .09
	Elmer Bonilla, 30 Address: 947 Webb Mill Road, Four Oaks Date of offense: 04/08/2006 Charge; BAC; arresting officer's notes: DWI, reckless driving, failure to comply with restrictions; 0.20; "Passed out on shoulder behind wheel with vehicle still in drive, strong odor of alcoholic beverage, very bloodshot eyes, slurred speech , unsteady on feet" Attorney: Lee Hatch Date of dismissal: 09/11/2007 (Date and year were marked over in court records.) Reason for dismissal: none given Other alcohol-related offenses: 11/20/2004 - DWI, dismissed
	Timothy Guy Capps Address: 615 Fleming Dairy Road, Littleton Date of offense: 08/26/2007 Charge; BAC; arresting officer's notes: DWI, open container; 0.08; "possessed Michelob Light bottle and Dixie cup with alcohol in it" Attorney: Chad Lee Date of dismissal: 09/13/2007 Reason for dismissal: low blow, slight impairment, no bad performance
	Esteban Cardenas-Montes Address: 589 Festus Road, Coats Date of offense: 05/19/2007 Charge; BAC; arresting officer's notes: DWI, driving while license revoked; 0.15; "subject was driving with no headlights and was traveling 20 mph in a 45 mph, subject smelled strongly of alcoholic beverages" Attorney: Chad Lee Date of dismissal: 09/17/2007 (Court records indicate case had been continued to February 2008.) Reason for dismissal: no bad driving, stopped for headlight out Other alcohol-related offenses: 01/14/2007 - failure to move over, 24 months unsupervised probation
	John Quillen Chambers Address: 108 Summerbrook Lane, Mooresville Date of offense: 08/29/2007 Charge; BAC; arresting officer's notes: DWI; refused test; Attorney: Chad Lee Date of dismissal: 09/20/2007 (Court records indicate case had been continued to April 2, 2008.) Reason for dismissal: defendant in parking lot, not driving when police pull up
	Bryan Scott Clark Address: 804 Shadow Lakes Drive, Willow Spring Date of offense: 01/01/2007 Charge; BAC; arresting officer's notes: DWI; 0.16; Attorney: Chad Lee, Vann Sauls (Both lawyers charged with conspiracy in this case.) Date of dismissal: 08/21/2007 (Court records indicate case had been continued to March 27, 2008.) Reason for dismissal: defendant not provided a copy of district procedures for access to chemical analysis
	Blas Villalon Colchado Address: 3199 Barber Mill Road, Clayton Date of offense: 05/14/2007 Charge; BAC; arresting officer's notes: DWI, open container; 0.15; "driver went left of center, weaving in the road left to right, driver was almost asleep, red eyes, had several open containers of beer in passenger, smelled strong odor and unsteady on feet" Attorney: Chad Lee Date of dismissal: 09/13/2007 (Court records indicate the case had been continued several times, with a final court date set for Nov. 13, 2008.) Reason for dismissal: second test was more than .2 difference from first test, third test was run, but there was no additional waiting period Other alcohol-related offenses: 11/27/2003 - DWI, .10, dismissed 08/20/2005 - DWI, .11, dismissed 05/10/2006 - DWI, .16, dismissed
No mug shot available	Heather Elise Collins, 22 Address: 190 Barewood Drive, Four Oaks Date of offense: 07/03/2007 Charge; BAC; arresting officer's notes: speeding (59 mph in a 35 mph zone); N/A; Attorney: Jack McLamb Date of dismissal: Reason for dismissal: warning for good record
	Robert Coots, 37 Address: 6400 Burt Road, Fuquay-Varina Date of offense: 02/24/2007 Charge; BAC; arresting officer's notes: DWI, reckless driving; N/A; "odor of alcohol, red glassy eyes, unsteady on his feet" Attorney: Lee Hatch Date of dismissal: 09/2007 (Court records indicate case had been continued to December 2007.) Reason for dismissal: no bad driving Other alcohol-related offenses: 12/26/2002 - DWI, dismissed
	Austin Stephen Cooper, 24 Address: 467 Wood Lee Road, Four Oaks Date of offense: 06/07/2007 Charge; BAC; arresting officer's notes: DWI; 0.09; "left of center, alcohol odor on person, red eyes" Attorney: Chad Lee Date of dismissal: 09/13/2007 (Court records indicate case had been continued to Feb. 20, 2008.) Reason for dismissal: passed field sobriety test, questionable reason for stop Other alcohol-related offenses: 08/08/2002 - DWI, open container, dismissed
	Lucas Daniel Currin, 19 Address: 8120 Old Fairground Road, Benson Date of offense: 06/09/2007 Charge; BAC; arresting officer's notes: driving after consuming alcohol under 21 Attorney: Lee Hatch Date of dismissal: 09/17/2007 (Court records indicate case had been continued to April 25, 2008.) Reason for dismissal: treat as warning
No mug shot available	Miguel Julian Esteban Address: 509 N. Webb St., Selma Date of offense: 04/08/2007 Charge; BAC; arresting officer's notes: DWI, failure to stop; refused breath alcohol test; "eyes red and glassy, strong odor of alcohol" Attorney: Chad Lee Date of dismissal: 09/13/2007 (Court records indicate case had been continued to April 2008.) Reason for dismissal: weak case, officer did not see driving, no BAC
	Cole Hunter Headley, 35 Address: 1157 Goran Farm Road, Selma Date of offense: 04/17/2007 Charge; BAC; arresting officer's notes: DWI; refused test; "odor of alcohol, slurred speech" Attorney: Chad Lee Date of dismissal: 08/07/2007 (Court records indicate case had been continued to March 2008.) Reason for dismissal: officer did not witness driving
No mug shot available	Jorge Benitez Hernandez, 26 Address: 92 Ruth Court, Four Oaks Date of offense: 04/15/2006 Charge; BAC; arresting officer's notes: DWI; 0.19; "vehicle crossed the center line into my lane of travel, strong odor of alcohol, red glassy eyes" Attorney: Lee Hatch Date of dismissal: 09/14/2007 (Court records indicate case had been continued to Dec. 3, 2008.) Reason for dismissal: none given
No mug shot available	Brian Steven Hoggard Address: 8227 Martello Lane, Raleigh Date of offense: 08/12/2007 Charge; BAC; arresting officer's notes: DWI; 0.10; "driving 70 in a 55, strong odor of alcohol, red glassy eyes" Attorney: Chad Lee Date of dismissal: 09/17/2007 (Court records indicate case had been continued to March 31, 2008.) Reason for dismissal: charging officer was not officer who stopped defendant, placed under arrest before probable cause formed for DWI, no bad driving
	Anthony Blake Holmes Address: 680 J. Adams Road, Benson Date of offense: 03/04/2007 Charge; BAC; arresting officer's notes: Driving while license revoked; N/A Attorney: Jack McLamb Date of dismissal: 09/10/2007 Reason for dismissal:
	John Joe Hubbard, 45 Address: 904 S. Walnut St., Smithfield Date of offense: 02/01/2007 Charge; BAC; arresting officer's notes: DWI, open container; 0.20; "vehicle was weaving, strong odor of alcohol about person, slurred speech, unstable on feet, red bloodshot eyes, failed sobriety test" Attorney: Chad Lee Date of dismissal: 09/17/2007 Reason for dismissal: defendant not provided procedures for access to a chemical analysis Other alcohol-related offenses: 04/23/2004 - DWI, dismissed 04/23/2004 - reckless driving to endanger, guilty 11/11/2007 - DWI, trial pending
No mug shot available	Antonio Hernandez Jimenez, 29 Address: 2478 Hockaday Road, Four Oaks Date of offense: 01/06/2007 Charge; BAC; arresting officer's notes: DWI, reckless driving; 0.11; "Crossed center line and hit another vehicle, strong odor of alcohol, unsteady on feet, red bloodshot eyes" Attorney: Lee Hatch Date of dismissal: 09/17/2007 (Court records indicate case had been continued to Nov. 15, 2007) Reason for dismissal: no evidence of driving, all people out of vehicle when officer arrived
	Frankie McLam Lee, 30 Address: 191 Tomahawk Drive, Clayton Date of offense: 02/24/2007 Charge; BAC; arresting officer's notes: driving while license revoked, reckless driving to endanger, failure to yield, DWI; 0.11; "driver failed to yield while making a left turn and had a moderate odor of alcohol on her breath" Attorney: Chad Lee, Vann Sauls (Both lawyers charged with criminal conspiracy in the case.) Date of dismissal: 09/18/07 (Court records indicate case had been continued several times, with a final court date of Feb. 5, 2008.) Reason for dismissal: defendant not provided a copy of district procedures for access to chemical analysis room to observe DWI as required Other alcohol-related offenses: 11/01/2001 - DWI, guilty
No mug shot available	Timmy Ray Little Address: 393 E. Williams St., Apt. D, Angier Date of offense: 03/02/2007 Charge; BAC; arresting officer's notes: speeding, expired tag; Attorney: Jack McLamb Date of dismissal: 09/10/2007 (Court records indicate case has been continued to Dec. 4, 2007.) Reason for dismissal: has valid registration, warning
	Fernandez Herrera Martin, 32 Address: 20 Peedin Road, Smithfield Date of offense: 05/26/2007 Charge; BAC; arresting officer's notes: DWI; 0.08; Attorney: Lee Hatch Date of dismissal: 09/19/2007 (Court records indicate case had been continued to November 2007.) Reason for dismissal: .08 BAC, defendant not served with rights as required
	Agustin Mendez Matadams Address: 145 Packing Plant Road, Smithfield Date of offense: 06/10/2007 Charge; BAC; arresting officer's notes: DWI; 0.19; "crossed center line, odor of alcohol, unsteady" Attorney: Lee Hatch Date of dismissal: 09/28/07 (Court records indicate case had been continued to Jan. 8, 2008.) Reason for dismissal: no reason to stop/no bad driving
No mug shot available	Pedro Cruz Mazariego, 29 Address: 251 Go Cart Road, Four Oaks Date of offense: 06/09/2007 Charge; BAC; arresting officer's notes: DWI; 0.12; "weaved into center turn lane 2 times, ran off road to right, red glass eyes, odor of alcohol on breath" Attorney: Chad Lee Date of dismissal: 09/10/2007 (Court records indicate case had been continued to March 24, 2008.) Reason for dismissal: no prior DWI, slight impairment
	Gabrielle Marie Nurrito, 18 Address: 210 Graelyn Drive, Clayton Date of offense: 06/30/2007 Charge; BAC; arresting officer's notes: driving after consuming alcohol under 21; 0.07; Attorney: Chad Lee Date of dismissal: 09/13/2007 (Court records indicate case had been continued to March 2008.) Reason for dismissal: treat as warning
	Fernando Gonzalez Pena, 22 Address: 1004 W. Main St., Lot 2, Clayton Date of offense: 09/08/2007 Charge; BAC; arresting officer's notes: DWI, reckless driving to endanger; 0.11; Attorney: Lee Hatch Date of dismissal: 09/27/2007 (Court records indicate case had been continued to December 2007.) Reason for dismissal: was charged with reckless driving for spinning tires there was no other bad driving
	Brenton Kenneth Preston, 28 Address: 758 Hill Road, Franklinton Date of offense: 09/21/2007 Charge; BAC; arresting officer's notes: open container Attorney: Chad Lee Date of dismissal: 09/27/2007 Reason for dismissal: ticket isn't legible Other alcohol-related offenses: 06/05/2008 - DWI, dismissed 09/29/2008 - DWI, 12 month unsupervised probation
No mug shot available	Ysaias Rodrigues Ramires Address: 405 E. Elizabeth St., Selma Date of offense: 05/13/2007 Charge; BAC; arresting officer's notes: DWI, expired registration; 0.18; "strong odor of alcoholic beverage, admitted to drinking" Attorney: Chad Lee Date of dismissal: 06/28/2007 (Court records indicate case had been continued to Feb. 25, 2008.) Reason for dismissal: no witness
	Mirian Reyes, 23 Address: 313 E. Dundee St., Smithfield Date of offense: 04/21/2007 Charge; BAC; arresting officer's notes: No operator license Attorney: Chad Lee Date of dismissal: 09/18/2007 Reason for dismissal: treat as warning
No mug shot available	Jose Maria Rodriguez Address: 311 Champion St., Clayton Date of offense: 03/18/2007 Charge; BAC; arresting officer's notes: DWI, speeding; 0.09; "speeding 75 in a 55, red eyes, moderate odor of alcohol" Attorney: Lee Hatch Date of dismissal: 09/14/2007 (Court records indicate case had been continued to November 2007.) Reason for dismissal: not served rights as required by statute
	David Andrew Standley Address: 700 Norris Road, Clayton Date of offense: 12/17/2006 Charge; BAC; arresting officer's notes: DWI; 0.08; "going 50 in a 35" Attorney: Chad Lee Date of dismissal: 09/17/2007 (Court records indicate case had been continued several times, with final court date in December 2007.) Reason for dismissal: stopped for speeding, no bad driving, slight impairment
	Adam Clayton Stewart, 26 Address: 1208 Peach Orchard, Four Oaks Date of offense: 03/25/2007 Charge; BAC; arresting officer's notes: DWI, hit and run, failure to stop for property damage; 0.15; "he was involved in an accident and left the scene and appeared under the influence at the time of the stop" Attorney: Chad Lee Date of dismissal: 09/13/2007 (Court records indicate case had been continued to Feb. 1, 2008.) Reason for dismissal: date of offense on citation was March 3, but officer signed citation March 24. Other alcohol-related offenses: 12/05/2002 - driving after consuming alcohol under 21, dismissed
	Bart Lee Tobin, 45 Address: 1842-B County Line Road, Angier Date of offense: 07/2007 Charge; BAC; arresting officer's notes: DWI; refused test; Attorney: Chad Lee Date of dismissal: 09/18/2007 Reason for dismissal: defendant stopped for a cracked tail light, no bad driving, no probable cause for arrest
	Federico Uspango-Martinez, 37 Address: 2694 Hockaday Road, Four Oaks Date of offense: 12/16/2006 Charge; BAC; arresting officer's notes: DWI/driving while license revoked; 0.16; "subject struck another vehicle, the subject had a strong odor of an alcoholic beverage" Attorney: Lee Hatch Date of dismissal: 09/28/2007 (Court records indicate case had been continued to April 29, 2008.) Reason for dismissal: no witness to defendant driving
	Ernesto Tapia Vazquez, 52 Address: 9061 Devils Racetrack Road, Four Oaks Date of offense: 12/11/2006 Charge; BAC; arresting officer's notes: DWI, driving without a license; 0.12; "ran off the roadway three times and had a strong odor of alcohol about his breath" Attorney: Chad Lee Date of dismissal: 09/07/2007 (Court records indicate case was continued seven times, with final court date set for Feb. 22, 2008.) Reason for dismissal: charging officer did not see defendant drive Other alcohol-related offenses: 06/07/2003 - DWI, dismissed
	Stephen Edward Watkins, 42 Address: 1788 Cleveland Church Road, Lot 81, Smithfield Date of offense: 07/06/2007 Charge; BAC; arresting officer's notes: DWI; 0.13; "odor of alcoholic beverage on breath failed field sobriety test" Attorney: Chad Lee Date of dismissal: 09/06/2007 (Court records indicate case had been continued to March 25, 2008.) Reason for dismissal: no bad driving, officer who stopped defendant was not charging officer Other alcohol-related offenses: 10/08/1993 - DWI, guilty 03/16/2001 - DWI, dismissed 06/27/2003 - DWI, refused test, 12 months unsupervised probation 06/27/2003 - carrying concealed weapon, dismissed 12/13/2003 - DWI, .22, and driving while license revoked, dismissed 03/27/2008 - DWI, .19, and failure to comply with license restrictions, probation violation, 7 days in jail plus 12 months supervised probation