Pubdate: Sat, 25 Jan 2003 Source: Enid News & Eagle (OK) Copyright: Enid News & Eagle 2003 Contact: http://www.enidnews.com/ Details: http://www.mapinc.org/media/2012 Author: Jay F. Marks ENID RETAILERS FACING TRIAL IN SALE OF METH INGREDIENT Three convenience store operators were ordered Friday to stand trial on charges of illegally selling an over-the-counter nasal decongestant used in manufacturing methamphetamine. Brothers Young Tag Cho and Joon Tag Cho face two counts of unlawfully selling precursor substances, while Claude Allen McFalls is charged with a single count. Each count is punishable by up to 10 years in prison. The three men were arrested in August when local, state and federal authorities concluded a two-year investigation into the illegal sale of pseudoephedrine, a vital component in manufacturing methamphetamine. It is against the law to sell pseudoephedrine with the knowledge the buyer will use it to illegally manufacture methamphetamine. Nine Garfield County residents, including two who now face charges in federal court, were arrested as the investigation concluded. McFalls, Young Tag Cho and Joon Tag Cho allegedly sold multiple bottles of pseudoephedrine tablets to undercover law enforcement officers. Young Tag Cho owns Mac's Mart No. 2 at 431 E. Broadway, while Joon Tag Cho and McFalls have been identified as the owners of Mac's Mart No. 1 at 221 E. Garriott. Each store also has an attached smoke shop. An Oklahoma City police detective testified Friday he and his partner bought 20 bottles of pseudoephedrine from Young Tag Cho, 31, in September 2000. He limited them to five bottles each but sold them pills from the convenience store and the smoke shop. The detective, who was part of a drug task force assigned to assist Enid police, said he told Cho he needed the pseudoephedrine to cook methamphetamine. He said he didn't have any trouble talking with Cho, a Korean national living in the United States. "We were communicating," the detective said. "It wasn't just a one-sided conversation." An Oklahoma Bureau of Narcotics agent testified he and an Enid police detective purchased eight bottles of pseudoephedrine from Cho in July. "I repeatedly told him that I was in the middle of cooking a batch of methamphetamine," the agent said. Both officers were able to correctly identify Cho, who was sitting in the gallery with seven other Korean men. The OBN agent looked directly at Cho as he took the witness stand, despite a defense attorney's attempt to confuse him. The Oklahoma City detective also identified Joon Tag Cho, 35, without any hesitation during Cho's preliminary hearing. The detective testified Cho agreed to sell him pseudoephedrine on Sept. 28, 2000, after he told him he had purchased pills from his brother on an earlier occasion. The detective and his partner purchased a total of 100 bottles of pills that day, once again going back and forth between the convenience store and adjacent smoke shop. The pair returned in February 2001 and bought another 40 bottles of pills. The detective said Cho refused to sell him a full case of pseudoephedrine because his supply is limited by the Drug Enforcement Administration. Enid police Capt. Brian O'Rourke testified in the preliminary hearings for both men. He said he took a DEA notice about the sale of pseudoephedrine to each of the stores. In McFalls' case, Sgt. Kevin Morris testified he bought 10 bottles of pseudoephedrine from the 69-year-old man in August. Morris said he had to ask for the pills three times before McFalls understood what he was talking about, leaving him to believe the other man had a hearing problem. He said McFalls refused to sell him more than five bottles of pills at a time, referring to another retailer who had been fined $25,000 for illegally selling pseudoephedrine. Defense attorney Greg Camp questioned if the Korean store owners understood the drug terminology the undercover agents used to describe their plans for the pseudoephedrine pills. He said McFalls hadn't heard the police officer say he was planning to use the pills to manufacture methamphetamine. Camp also criticized regulations governing the sale of pseudoephedrine as "vague," but Special District Judge J. Bruce Harvey still ruled there was probable cause to support the charges against the three men. They will be arraigned on the felony counts next month. The men remain free on $10,000 bond each. - --- MAP posted-by: Larry Stevens