DA APPEALS JUDGE'S DISMISSAL OF DRUG TRAFFICKING CHARGES

The district attorney's office appealed a judge's ruling that
dismissed drug trafficking charges against a man and woman arrested
after 44 grams of methamphetamine were found at the couple's home.

Cherokee County Associate District Judge Mark Dobbins ruled Friday
the affidavit submitted with the search-warrant application failed to
establish probable cause that drugs would be found at the home of
Frank Deckard Sr., 46, and Linda Wilson, 41.

Deckard and Wilson were arrested in March after Cherokee County
Sheriff's deputies raided Deckard's Eldon-area home.

If Dobbins' ruling is upheld on appeal, evidence seized by law
enforcers would be excluded and prosecutors would have no case
against the pair.

Assistant District Attorney Donovan Dobbs said Dobbins ruled the
investigating officer acted with reckless disregard when he filed the
probable cause affidavit, the substance of which was based upon
information provided by a confidential informant.

Dobbs, however, said he believes Sheriff's Deputy Casey Baker worked
within the scope of the law to obtain the search warrant, which
yielded an ounce and a half of methamphetamine, about $7,400 in cash
and some weapons.

Dobbins' ruling essentially attacked authorities' inability during a
preliminary hearing to prove the reliability of the confidential
informant authorities used to allegedly buy drugs from Deckard before
securing a search warrant for the man's home.

Dobbs said his appeal should be heard within 20 days by a district
court judge appointed from outside Cherokee County.

If Dobbins' ruling is affirmed, Dobbs said he will take his appeal to
the Court of Criminal Appeals.