Pubdate: Wed, 16 Jul 2003
Source: Watauga Democrat (NC)
Copyright: 2003 Appalachian Technologies, Inc.
Contact:  http://www.wataugademocrat.com/
Details: http://www.mapinc.org/media/2322
Author: Jason Reagan
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)
Bookmark: http://www.mapinc.org/find?203 (Terrorism)

DA USES NEW LAW IN METH LAB BUST

A local prosecutor is using a law aimed at weapons of mass destruction to
combat the growth of methamphetamine laboratories in Watauga County.

Police arrested Martin Dwayne Miller, 24, of Todd Friday after finding a lab
allegedly used to manufacture the deadly drug at his Little David's Road
home July 12.

What's makes the raid unique among the recent streak of meth lab arrests are
the unique charges in connection with the case.

Watauga County District Attorney Jerry Wilson charged Miller with two counts
of manufacturing a nuclear or chemical weapon - a state anti-terrorism law
passed after the Sept. 11 attacks.

Due to the toxic nature of the chemicals used in a meth lab, police and
Wilson said the arrest falls under the new law.

Wilson said he added the more serious charge as a way to combat a serious
problem.

"The existing statute is in my opinion not sufficient to address the
problem," Wilson said. "Not only are they producing controlled substances,
they are introducing harmful and dangerous chemicals to the community," he
said.

Wilson said that conviction for methamphetamine production as a Class H
felony has a potential sentence ranging from probation to a couple of years
in prison.

A B-1 felony, which is the classification for nuclear or chemical weapons
production, carries a minimum sentence of 12 years and, depending on the
suspect's prior record, can bring a life sentence.

"I want the punishment to fit the crime, and I want some of these folks who
are cooking meth to think twice before doing it," Wilson said. "This
substantially ups the ante for cooking meth."

He said it's the first time in the state that the terrorist weapons statute
has been used in a drug case.

The chemicals used in methamphetamine cause a range of health problems, from
breathing difficulties to possible death, and also poses dangers from fire
and explosion.

Police also charged Miller with eight other drug-related charges. A
magistrate placed Miller under a $505,000 secured bond. He was given a
district court date of Sept. 18. Officers arrested two other suspects in
connection with the search.

. Donald David Ellison, 26, of Tanner Road in Boone, was arrested and
charged with one count of possession of a Schedule II controlled substance
(methamphetamine). Ellison was taken before a magistrate and placed under a
$5,000 secured bond. He was given a district court date of July 29.

. Johnny Wayne Ellison, 35, of Tanner Road in Boone was charged with one
count of possession of a Schedule II controlled substance (methamphetamine),
felonious breaking and entering, felonious breaking and entering of a motor
vehicle, felonious possession of stolen property, and two counts of
felonious larceny. Ellison was taken before a magistrate and placed under a
$15,000 secured bond. He was given a district court date of July 29.
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