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1999 Tulia drug arrests

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1999 Tulia drug arrests
Tulia, Texas
DateJuly 23, 1999
LocationTulia, Texas
Coordinates34°32′09″N 101°45′31″W / 34.53583°N 101.75861°W / 34.53583; -101.75861
TypePolice raid
ParticipantsTom Coleman
(Undercover as T. J. Dawson)
Arrests47[a]
Convicted38
ChargesDelivery of a controlled substance
Pardoned35

A total of 47 individuals,[a] the majority of whom were African American, were arrested in 1999 in Tulia, Texas on charges of cocaine dealing as a result of an undercover operation carried out by agent Tom Coleman. Coleman's testimony was crucial in the convictions of 38 of the 47. Years later, 35 of the 38 incarcerated were pardoned by Governor Rick Perry of Texas.

What ensued was a media frenzy that was widely covered by national media outlets such as The New York Times, 60 Minutes, People, and A&E Networks.

Pretense

As part of the United States' war on drugs, in 1994, President Bill Clinton, signed into law the Violent Crime Control and Law Enforcement Act.[3] The first draft of the congressional bill was written by then-Senator Joe Biden of Delaware in cooperation with the National Association of Police Organizations, and was sponsored by U.S. Representative Jack Brooks of Texas.[4][5]

Nation-wide, states received 100,000 new police officers, 9.7 billion United States dollars in funding for prisons, and 6.1 billion United States dollars in funding for prevention programs.[6] In Tulia, and small towns alike, task forces received funding for each arrest and conviction they made, which could be used as they pleased the following year.[7]

Undercover operation

Using the alias T. J. Dawson, Agent Tom Coleman went undercover for eighteen months, posing as a buyer who needed to purchase cocaine for his girlfriend. Coleman worked for the Panhandle Regional Narcotics Trafficking Task Force.[8] He was hired by Sheriff Larry Stewart of Swisher County, Texas in 1998, operating out of Amarillo.[9]

On the morning of July 23, 1999, the Swisher County Sheriff's Department, in cooperation with local authorities, conducted a collective apprehension and arrest of 47 citizens in Tulia Texas,[10][11] 38 of which were African American,[1] amounting to approximately 10 to 20 percent of the African American population of Tulia being incarcerated.[12][13]

After the highly publicized drug arrests in Tulia, Officer Coleman was honored as Officer of the Year in Texas. He was photographed with John Cornyn, who was then the Texas Attorney General and later a U.S. Senator.[14]

Convictions

During his undercover operation in Tulia, Tom Coleman claimed to have purchased at least 117 illegal narcotics from forty-seven different defendants. Except for 21 defendants who were charged with selling drugs to Coleman within 1,000 feet of a school or park and charged with first-degree felonies, all other defendants were charged with second-degree felonies for the purchases made between February 1998 and July 1999.[15]

This was in spite of Coleman not supplying any recorded materials, such as audio or videotape, or a second officers corroboration. There was also no drugs or weapons found in the initial raid. Coleman frequently wrote brief reports that included very little information about the defendants. He also identified suspects incorrectly in a few instances resulting in dismissal of cases.[16]

Pardons

Sparked by a letter written by Gary Gardner, who was distraught by the lack of evidence, to District Judge Ed Self,[17] Amarillo civil rights attorney Jeff Blackburn began investigating the Tulia defendants' cases, along with Vanita Gupta from the NAACP Legal Defense and Educational Fund and a handful of attorneys from firms around the country. Eventually, the case became a cause célèbre, and money was raised to legally challenge the cases. Many had already served several years in prison before this process gained momentum. By 2004, Blackburn and his team had freed most of the accused and a $6,000,000 collective settlement was reached to avoid further litigation in civil court.[8]

Of the 47 original defendants, Governor Rick Perry pardoned 35 of them. Nine of the twelve defendants who were still on this list either had their charges dropped before they went to trial or were put on deferred adjudication, meaning that they were not found guilty in the end. Since the tenth defendant was underage when he committed the offense, the conviction will not be recorded on his adult record. When the two remaining, were apprehended in the Coleman sting, they were already on probation for a different offense; this probation was canceled, and they were sent to jail. The Coleman charges never resulted in their conviction.[15]

Accused

The names of the defendants, their race, age at the time of arrest, and whether or not they were pardoned are shown below.[1]

One through twenty-four
# Name Race Age Pardoned
1
Dennis Mitchell Allen African American
34
Yes
2
James Ray Barrow African American
31
Yes
3
Landis Barrow African American
22
No[b]
4
Leroy Barrow African American
59
Yes
5
Mandis Charles Barrow African American
22
No[b]
6
Troy Benard African American
29
Yes
7
Zury Bossett African American
20
No[c]
8
Fred Wesley Brookins Jr. African American
24
Yes
9
Yul Eugene Bryant African American
31
No[c]
10
Eddie Cardona Hispanic
41
No[c]
11
Marilyn Joyce Cooper African American
39
Yes
12
Armenu Jerrod Ervin African American
19
Yes
13
Michael Fowler African American
18
Yes
14
Jason Paul Fry African American
25
Yes
15
Vickie Fry African American
27
Yes
16
Willie B . Hall African American
38
Yes
17
Cleveland Joe Henderson Jr. African American
25
Yes
18
Mandrell L. Henry African American
24
Yes
19
Christopher Eugene Jackson African American
27
Yes
20
Denise Kelly African American
29
Yes
21
Etta Kelly African American
23
No[d]
22
Eliga Kelly Sr. African American
62
Yes
23
Calvin Kent Klein White
22
Yes
24
Minor White
16
No[e]
One through twenty-four
# Name Race Age Pardoned
25
William Cash Love White
25
Yes
26
Joseph Corey Marshall African American
23
Yes
27
Laura Ann Mata Hispanic
23
Yes
28
Vincent Dwight McCray African American
38
Yes
29
Joe Welton Moore African American
58
Yes
30
James Moreno Hispanic
?
No[c]
31
Daniel G. Olivarez Hispanic
20
Yes
32
Kenneth Ray Powell African American
40
Yes
33
Benny Lee Robinson African American
24
Yes
34
Finaye Shelton African American
25
Yes
35
Donald Wayne Smith African American
31
Yes
36
Lawanda Smith African American
25
No[d]
37
Yolanda Yvonne Smith African American
25
Yes
38
Romona Lynn Strickland African American
26
Yes
39
Timothy Wayne Towery African American
27
Yes
40
Chandra Leah Van Cleave White
22
No[c]
41
Billy Don Wafer African American
42
No[c]
42
Kareem Abdul Jabbar White African American
24
Yes
43
Kizzie R. White African American
23
Yes
44
Tonya Michelle White African American
30
No[c]
45
Alberta Stell Williams African American
49
Yes
46
Jason Jerome Williams African American
19
Yes
47
Michelle Williams African American
30
Yes

Conviction of Tom Coleman

In 2003 The state appointed two prosecutors to hold evidentiary hearings to determine if Coleman's testimony was the sole basis for conviction, and to find out if county officials withheld information from the defense.[18]

On Friday, January 14, 2005, Coleman was convicted of perjury in the separate evidentiary hearing trial, not related to the original 47 defendants that he testified against. During the five-day trial held in Lubbock, Texas, one of the three counts was dropped, leaving two alleged instances of perjury. He was acquitted on one count and found guilty on the second count.[19] Coleman was sentenced to 10 years probation with a 7,500 United States dollars fine.[20] The 7th Court of Appeals of Texas in 2006 upheld the conviction.[21]

Coleman could not be prosecuted for his testimony given during the trials of the drug defendants because the statute of limitations had expired.[22]

Drug Law Enforcement Evidentiary Standards Improvement Act of 2007

In the aftermath of the Tulia drug sting the Drug Law Enforcement Evidentiary Standards Improvement Act of 2007 was twice introduced in the United States Congress, but not passed, to increase the evidentiary standard required to convict a person for a drug offense and to require screening of law enforcement officers or others acting under color of law participating in drug task forces.[23]

Media

The story was widely covered by national media outlets such as 60 Minutes,[24] and The New York Times.[25]

"...Coleman's methods [of law-enforcement] were the subject of investigative reports in dozens of media outlets, from the New York Times, to Court TV, to the Independent of London..."

The first newspaper article that was published about the arrests was by Michael Garrett of the Tulia Sentinel titled "Tulia's Streets Cleared of Garbage".[26][27] It was three years before the story went national.

Starting in 2002, Bob Herbert, a journalist for The New York Times, wrote eleven op-ed articles that played a significant role in spreading the Tulia story across the United States. He wrote articles such as "Kafka in Tulia" which exposed the racism that occurred in the community,[28] and "Tulia's Shattered Lives" which depicted how the arrest affected the lives of the incarcerated.[29][30]

The book Tulia: Race, Cocaine, and Corruption in a Small Texas Town by Nate Blakeslee was to be adapted into a film directed by John Singleton starring Billy Bob Thornton. Halle Berry was cast to play a lawyer in a film. Berry was to play an attorney for the NAACP Legal Defense and Educational Fund. The movie was never completed.[31]

Notes and references

Notes

  1. ^ a b Although the book titled Tulia: Race, Cocaine, and Corruption in a Small Texas Town by Nate Blakeslee quotes the number of arrested as forty-seven (with names given),[1] there are other books that quote the number at forty-six (Without names).[2]
  2. ^ a b Was on probation for previous offense; probation was revoked
  3. ^ a b c d e f g Case was dismissed
  4. ^ a b Plead to three years deferred adjudication
  5. ^ Sentenced to boot camp for juvenile offenders

Citations

Sources


Books

Television