DUI CHARGE DISMISSED

State Failed To Prove Case Against Vermont Man, Judge Says

Vinita -- A Vermont man who was charged with driving under the influence --
even after he tested negative for drugs -- walked out of the Craig County
Courthouse a free man Friday.

District Judge H.M. "Bud" Wyatt III dismissed the DUI complaint against
herbologist George Singleton, ending a trial that began Thursday.

Wyatt announced his ruling shortly after 9 a.m., then dismissed a
seven-woman and five-man jury.

Wyatt's ruling came in response to a defense motion to dismiss the DUI
charge against Singleton. The judge said prosecutors failed to provide
sufficient" evidence" that would render the case for jury deliberation.

In announcing his decision, Wyatt questioned the state's lack of an
identified intoxicant in the case and the reasoning that only a
mood-altering chemical could have caused Singleton's bloodshot eyes and
unsteady stance on the morning of his arrest.

"His behavior at being arrested could just as easily be explained due to
the fatigue of having driven almost 12 hours" from another state, Wyatt
said to Craig County prosecutor James Ely.

In the end, the only thing that Ely proved is that Singleton had eaten an
avocado sandwich with fruit juice hours before being stopped for speeding
Feb. 27 on the Will Rogers Turnpike.

Ely, who was filling in for Assistant District Attorney Clint Ward, said he
will appeal Wyatt's decision.

"The sate does not have the burden to produce evidence of a mood-altering
substance in every case," Ely said.

:We try cases all the time without such evidence such as when a person
refuses a blood test when he is believed to be drinking. You have no
positive alcohol test and sometimes no evidence of an alcoholic container,
but the officer's observation is good enough for a conviction. That's what
we tried to do here," Ely said.

Singleton was in possession of two herbs -- rosemary and mullein -- when
arrested by Oklahoma Highway Patrolman Bud Lavender. Singleton said he used
the substances to treat his inactive tuberculosis.

Expert testimony by Vinita physician Edward Allensworth confirmed the
substances are not mood-altering.

Singleton, who was arrested in 1982 for a small amount of marijuana, is a
vegetarian who does not use drugs, he said.

After the dismissal of the DUI charge, Singleton pleaded guilty to an
expired tag complaint and agreed to pay a $25 fine assessed by Wyatt. Ely
asked for the maximum fine of $100 for the expired tag, but Wyatt reduced
that amount.

"I'm feeling better about Oklahoma all the time," Singleton said, smiling
broadly after being released from custody. "I can't wait to get back home
and visit my girlfriend in Florida."

Singleton, 49, is expected to file a civil suit against Craig County
District Attorney Gene Haynes, said Singleton's attorney, James Hadley.

Singleton said he was targeted for arrest because he is black and because
he wears his hair in dreadlocks as part of his Rastafarian faith.
Rastafarians practice a form of Christianity and wear their hair in
dreadlocks to signify their service to God, he said.

Singleton resides in Putney, Vt., but travels across the nation promoting
gardening and "herbology" to troubled teen-agers and to adults interested
in his methods.

His 25 days in the Craig County Jail after he tested negative for drugs,
and after he refused to accept a plea bargain from Craig County officials,
drew national attention and local complaints of racism. His ordeal is
expected to be featured in People Magazine later this month.

Dozens of Vinita High School students skipped school Thursday to support
him by demonstrating outside the courthouse. Many of the students and
several Vinita residents blamed Ward for "bringing shame" to their hometown.

Ward was the assistant prosecutor who upgraded Singleton's speeding charge
to DUI in spite of his negative drug test and lack of any evidence that he
was in possession of an intoxicant. Ward did not return a message left at
his office to call the Tulsa World.

Wyatt said he believed the state acted in good faith by prosecuting the DUI
case. He said Singleton's arresting officer, Lavender, was a credible
person, who was acting on 12 years of experience that covered 500
DUI-related arrests.

The crux of the case was whether prosecutors could get a conviction against
a person who tested negative for drugs but who allegedly exhibited
mannerism of intoxication.

Lavender, a highway patrolman since 1986, walked over and shook Singleton's
hand after Wyatt adjourned the court.

"It really surprised me that he would congratulate me and apologize,"
Singleton said.

Lavender said he had no hard feelings against Singleton or Wyatt. He
defended his arrest of Singleton based on his experience as a lawman.

Singleton is a self-avowed herbologist who earned a bachelor's degree form
Chicago University in 1970.

He was stopped for allegedly speeding in a construction zone on Will Rogers
Turnpike, then taken into custody by Lavender.

Singleton praised his pro-bono defense team led by Hadley and attorneys
Thomas McGeady and Mike Linscott. Linscott argued the dismissal motion that
persuaded Wyatt to stop Singleton's trial.

Checked-by: Richard Lake