Pubdate: Wed, 23 Jul 2008 Source: Fayetteville Observer (NC) Copyright: 2008 Fayetteville Observer Contact: http://www.fayobserver.com Details: http://www.mapinc.org/media/150 Author: Drew Brooks Bookmark: http://www.mapinc.org/pot.htm (Cannabis) LEE'S BIGGEST DRUG-BUST CASE ENDS WITH DEAL SANFORD - Two men connected to the largest drug bust in Lee County history have accepted a plea deal and have been released into federal custody, one of the men's lawyers said Tuesday. Thomas Beltran Ayala, 32, of Red Springs and Auturo Celis Elizalde, 27, of Raeford were arrested Jan. 25 after about 2,000 pounds of marijuana - at an estimated value of more than $5 million - was seized off the back of a tractor-trailer. Each was charged with trafficking marijuana, maintaining a vehicle to keep and store controlled substances and possession of drug paraphernalia. The case, a joint investigation by the U.S. Immigration and Customs Enforcement, the State Bureau of Investigation and the Lee County Sheriff's Office, was dealt a blow in May when a video of the seizure appeared on the video-sharing Web site YouTube. The video was secretly filmed by one of two Sanford police officers. George Whitaker, a lawyer representing Ayala, filed a motion to dismiss the charges based on the failure of the prosecution to provide the video. In preparation for a hearing to discuss that motion, Whitaker said he subpoenaed the officers, requesting the original, unedited video and any other footage from the scene. At that time, he was told the officers, Jody Sellers and Rick Kendall, no longer worked for the Sanford police department. Then, less than a week before the hearing, Whitaker said he was approached with a plea deal. Under the agreement, Ayala pleaded guilty to possession with intent to sell and deliver marijuana and, having no previous record, was sentenced to between four and five months in prison while being credited for the five months he spent in jail awaiting trial. The other charges were dismissed. Whitaker said Ayala's co-defendant, Elizalde, was offered the same deal June 24. Both men accepted and, because they were not in the county legally, were released into federal custody. No offer before video Tuesday, Whitaker downplayed the role the video had in the case, but admitted that "until then, there had been no discussions about a plea offer." He said he believed the Lee County District Attorney's Office and sheriff's department were "genuinely surprised" by the existence of the video. "They play by the rules," Whitaker said. "I don't think they knew about its existence." Whitaker said a paralegal in his office found the video on the site after searching for "Lee County" on the Internet. Upon further inspection, he said his office determined the video involved his client. "We just kind of stumbled on it by pure dumb luck," he said. "It was very unusual, the first time I've had that crop up in a case that I've handled." Sellars and Kendall, the officers who took the video and posted it online, were not a part of the investigation and arrived at the scene on their own, Chief Deputy Randall Butler said in May. Butler said the county was unaware of the video until it appeared on YouTube and had not asked for assistance from city police. Despite the plea, Whitaker said his client maintained that he knew nothing about the drugs. The marijuana was discovered packed into boxes of floor tiles loaded onto a tractor trailer. It had been hauled from Mexico and was tracked from Texas, investigators said. Ayala and Elizalde were day laborers hired to unload the truck, Whitaker said. Charges against the driver of the truck, Javier Rivera-Lomas, 28, of Atascosa, Texas, were dismissed in April because investigators couldn't prove that he knew about the drugs, Whitaker said. - --- MAP posted-by: Larry Seguin