Drug trial averted by plea deal Carroll defendant pleads guilty in 'UPS case'

January 08, 1993|By Traci A. Johnson | Traci A. Johnson,Staff Writer

The third person to face drug charges in the so-called "UPS case" entered into a plea bargain with a state prosecutor yesterday and walked away with probation before judgment and a fine, but no criminal conviction.

David Kif Davis, 22, of Humbert Schoolhouse Road, pleaded guilty to possession of marijuana on a statement of the facts in the case and paid a $1,000 penalty in exchange for the state's dropping three related drug charges.

Circuit Judge Luke K. Burns Jr. granted Mr. Davis probation before judgment, which means that although he is found guilty, there is no record of a conviction.

If he had been convicted of all the charges, Mr. Davis could have been sentenced to a maximum of 11 years in state prison or $31,000 in fines.

"The agreement is a compromise based on many factors on both sides, for the defense and the prosecution," said Charles O. Fisher, Jr., Mr. Davis' attorney.

Yesterday's plea agreement ended another chapter in the continuing story that began last May 7, when a Carroll County Drug Task Force member dressed as a United Parcel Services worker delivered a package containing a ounce and a half of marijuana to the home of Pamela Snowhite Davis, Mr. Davis' mother.

Task force members raided Ms. Davis' home on Humbert Schoolhouse Road after a woman inside the house signed for the package. Mr. Davis was found on the roof eating marijuana, Maryland State Police Trooper Donald Grimes wrote in his police report.

In addition to the pot the task force delivered, the raiders found an ounce of the drug in a night stand, in addition to a water bong and other drug paraphernalia.

During the raid, they also took more than $40,000 worth of computer equipment that Ms. Davis used to run her clothing business, but returned it about a month later.

Ms. Davis' Westminster clothing and accessory store, Liberation, was raided the day before her jury trial Nov. 24. The trial was postponed, but she faces a four-count indictment charging her with dealing drugs from her home.

Cases against Ms. Davis' daughter, Sara, and another resident of the home, Claudia Roll, were dismissed last summer when a Carroll Circuit Court judge ruled that the warrant used by the task force to raid the home was "bad" because of insufficient probable cause.

The judge told task force prosecutors that he would not allow them to use evidence collected during that search in their case against the two women.

But the warrant was not an issue in Mr. Davis' case, said Barton F. Walker III, who prosecuted the case.

"The warrant wasn't thrown out of evidence in [Mr. Davis'] case," Mr. Walker said. "In fact, he waived his right to challenge it when he accepted the [plea] agreement.

"This is a reasonable agreement between the defense and the state," Mr. Walker said. "I am always willing to reach an agreement, save the taxpayers money."

Mr. Walker also said he is not opposed to striking a plea bargain with Ms. Davis, too.

"There will be no trial for [Mr. Davis], but I suspect there will be one for his mother," Mr. Walker said. "But I am willing to reach an amicable agreement with her. My door is always open to that."

Ms. Davis could not be reached for comment yesterday. She has said in the past that she wants to go to trial.

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