MISTRIAL DECLARED IN DRUG CASE

Judge Ron Enns declared a mistrial Tuesday in a drug case the
prosecutor said was "about as simple a case I've had to try in several
years."

The jury couldn't reach a unanimous decision after attorneys debated
if police officers had probable cause to make a traffic stop that led
to their discovery of drugs.

Ignacio Gonzales' attorney, Jerod Pingelton, argued that the cocaine
found on Gonzales' possession during a traffic stop Jan. 13, 2003,
couldn't be used against him because the police officers didn't have
probable cause to stop him.

The trial turned on that issue, with David Green, district attorney
for the 69th Judicial District, presenting evidence he said proved
Dumas police Sgt. Joey Velasco did have probable cause when he stopped
Gonzales in the 600 block of East First Street.

Velasco testified he received a phone call from a confidential
informant, telling him Gonzales would be buying drugs the night of
Jan. 13. He said he went to the address he was given, and he saw
Gonzales enter the house and then drive away. He followed him and made
the traffic stop.

"I found a needle and a clear bag in his (Gonzales') right sock,"
Velasco testified.

A drug chemist with the Texas Department of Public Safety said Tuesday
that he analyzed the white substance in the bag.

"It was cocaine," said Brandon Conrad. "The net weight was .74 grams."

Pingelton questioned Velasco about his motive for stopping Gonzales,
referring him to the report he completed that night. Velasco said he
stopped Gonzales because he knew he didn't have a drivers license

Velasco didn't say in his report why he stopped Gonzales, Pingelton said.

"I made the stop based on prior knowledge that he didn't have a
license," Velasco said.

"You must have probable cause prior to stopping someone, you will
agree?" Pingelton asked.

Velasco said that's true.

"Hypothetically, if you don't have probable cause, you're not supposed
to stop them," Velasco said.

Velasco said he contacted the Moore County Sheriff's Office dispatcher
after he made the traffic stop, and he was told Gonzales didn't have a
drivers license. He talked to dispatch a second time within 30 minutes
of the first call, and the dispatcher told him again Gonzales didn't
have a license.

"Did you think Mr. Gonzales could have gotten his license during that
30 minute period?" Pingelton asked.

Green played a video of the traffic stop for the jury, but Velasco had
turned off the the microphone during most of it because he said he was
talking to supervisors about how he should handle the stop. Gonzales
could be heard in the video offering to help Velasco by giving him
drug sources.

"If you let me go, I'll help you," Gonzales said.

Velasco testified that officers will frequently negotiate with people
who have been caught with minor amounts of drugs. Gonzales told
Velasco he couldn't talk to him there because "everyone" in town knows
me, and "they'll see me talking to you."

Velasco agreed to meet Gonzales later that night near the Allsup's
Convenience Store on West 1st Street, but he said Gonzales didn't show
up.

Velasco said he returned to the police station to get an unmarked car.
Gonzales had told him he was "in fear" that someone would see him in a
police car, Velasco said. When Gonzales didn't arrive, Velasco went to
Gonzales' home and took him to the police station. After he was
questioned again and asked to provide information about drug
trafficking, Gonzales was released.

Pingelton said Gonzales was arrested the next day when police saw him
driving.

After Green and Pingelton rested their cases, the jury deliberated for
a few hours. They finally sent a note to Enns saying they couldn't
reach a decision. Ten jurors voted for a guilty verdict, and two voted
not guilty.

"This is just part of the system,"Green said Wednesday. "You can't
fault the two jurors who held to their convictions. It's rare for this
to happen."

The case will be tried again Oct. 25, Green said.