News (Media Awareness Project) - US TX: Man Settles Lawsuit In 1999 Drug Bust |
| Title: | US TX: Man Settles Lawsuit In 1999 Drug Bust |
| Published On: | 2001-10-30 |
| Source: | Houston Chronicle (TX) |
| Fetched On: | 2008-08-31 12:21:09 |
MAN SETTLES LAWSUIT IN 1999 DRUG BUST
TULIA - A man who claimed he was unfairly targeted in a 1999 drug bust
because he is black has settled with local authorities for $30,000.
Billy Wafer settled his lawsuit with officials in Swisher County for $5,000
in cash and $25,000 in attorneys' fees.
Wafer was among 43 people -- 37 of whom were black -- arrested during the
undercover drug bust in Tulia.
Tulia, a town of about 5,000, is home to about 250 blacks.
Wafer 's lawsuit was filed in February against Swisher County, Sheriff
Larry Stewart and undercover officer Tom Coleman.
In the lawsuit, Wafer claimed he was wrongfully arrested and imprisoned
after the bust.
Charges against him eventually were dropped.
After his arrest, he had a hearing on a motion to revoke his probation
stemming from a 1990 marijuana-possession charge.
The charge could have led to Wafer 's probation being revoked, but a
district judge refused, saying he was not convinced of Wafer 's guilt.
Swisher County refused to drop the charge, sending the case to the 7th
District Court of Appeals, which tossed it out in January.
The court said the probation hearing amounted to a trial and that Wafer
therefore could not be tried a second time.
In the Oct. 5 settlement, the defendants deny any wrongdoing. Court
documents detailing the settlement were not made available until late last
week.
Swisher County Judge Harold Keeter declined to comment on the settlement,
citing a no-comment clause preventing anyone involved in the lawsuit from
talking about it.
Wafer 's lawsuit stemmed from an 18-month investigation by Coleman, who
said he bought drugs from those who were later arrested. Coleman worked
alone and used no surveillance equipment.
Eleven of those arrested in Tulia were found guilty, and 17 others have
accepted plea agreements. Appeals are pending.
Earlier this year, Coleman was dismissed from a spot on the Southeast
Metroplex Narcotics Task Force near Dallas for engaging in a "relationship
that was inappropriate," Ellis County District Attorney Joe Grubbs said.
TULIA - A man who claimed he was unfairly targeted in a 1999 drug bust
because he is black has settled with local authorities for $30,000.
Billy Wafer settled his lawsuit with officials in Swisher County for $5,000
in cash and $25,000 in attorneys' fees.
Wafer was among 43 people -- 37 of whom were black -- arrested during the
undercover drug bust in Tulia.
Tulia, a town of about 5,000, is home to about 250 blacks.
Wafer 's lawsuit was filed in February against Swisher County, Sheriff
Larry Stewart and undercover officer Tom Coleman.
In the lawsuit, Wafer claimed he was wrongfully arrested and imprisoned
after the bust.
Charges against him eventually were dropped.
After his arrest, he had a hearing on a motion to revoke his probation
stemming from a 1990 marijuana-possession charge.
The charge could have led to Wafer 's probation being revoked, but a
district judge refused, saying he was not convinced of Wafer 's guilt.
Swisher County refused to drop the charge, sending the case to the 7th
District Court of Appeals, which tossed it out in January.
The court said the probation hearing amounted to a trial and that Wafer
therefore could not be tried a second time.
In the Oct. 5 settlement, the defendants deny any wrongdoing. Court
documents detailing the settlement were not made available until late last
week.
Swisher County Judge Harold Keeter declined to comment on the settlement,
citing a no-comment clause preventing anyone involved in the lawsuit from
talking about it.
Wafer 's lawsuit stemmed from an 18-month investigation by Coleman, who
said he bought drugs from those who were later arrested. Coleman worked
alone and used no surveillance equipment.
Eleven of those arrested in Tulia were found guilty, and 17 others have
accepted plea agreements. Appeals are pending.
Earlier this year, Coleman was dismissed from a spot on the Southeast
Metroplex Narcotics Task Force near Dallas for engaging in a "relationship
that was inappropriate," Ellis County District Attorney Joe Grubbs said.
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