Pubdate: Fri, 12 Dec 2003 Source: Knoxville News-Sentinel (TN) Copyright: 2003 The Knoxville News-Sentinel Co. Contact: http://www.knoxnews.com/ Details: http://www.mapinc.org/media/226 Author: Jim Balloch Bookmark: http://www.mapinc.org/raids.htm (Drug Raids) GRAND JURY TO GET METH-LAB CASE FROM SCOTT COUNTY HUNTSVILLE, Tenn. - A grand jury will review drug charges against four people authorities say were at an alleged methamphetamine lab when Scott County Deputy Hubert "John John" Yancey was accidentally killed by a fellow officer. After a lengthy hearing Thursday, Sessions Court Judge James Cotton sent the cases against Mark Edward Rector, 35; Ryan Douglas Clark, 28; Penny Annette Carpenter, 28; and Nicole Windle, 26, to the grand jury. All are charged with three counts of manufacturing methamphetamine. None faces state charges related to the death of Yancey, 35, who was shot inside a mobile home where the four reportedly were staying and making meth. Rector and Carpenter also have meth-related charges pending in other counties, Assistant Attorney General James Galloway said. The fatal shot was fired by Deputy Marty Carson, 31, the son of Sheriff Jim Carson. A confusing series of events inside the dimly lit trailer led Carson to believe he fired at a suspect armed with a shotgun, authorities said last week. The confusion over what happened continued for several hours before it was finally determined with certainty that Yancey had not been shot by a suspect, according to testimony of Chief of Detectives Robby Carson and Detective Randy Lewallen. Carson, who is on leave, was not among the officers who testified. Carson, Yancey and two other deputies went to the trailer on Nov. 28 - the day after Thanksgiving - to investigate a tip that meth was being made there. They did not have a search warrant but went on a "knock and talk" basis to obtain permission to enter and look around. Carson entered the trailer after obtaining permission from Clark, according to testimony. After the shot was fired, all suspects except Windle fled. When Rector and Carpenter were arrested the next morning, Rector "blurted" a statement indicating that he fled out of fear that someone was breaking in the trailer to kill them, Lewallen testified. Morgan County Deputy Wayne Potter, a member of a regional meth task force called in after the shooting to follow up on the drug probe, testified that although no finished meth was found, the trailer contained numerous items and materials commonly used in making it. Carpenter's lawyer, Leif Jeffers, described the situation as "a very troubling case" that has generated much emotion. He said the officers who initially went to the trailer did not have sufficient legal grounds to do so and that the "search, entry and everything that happened thereafter was illegal." - --- MAP posted-by: Jay Bergstrom