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Description: Raleigh, North Carolina criminal law lawyer represented Defendant charged with possession with intent to distribute powder and crack cocaine and possession of a firearm in furtherance of that drug crime.
On May 21, 2020, the Ahoskie Police Department received a call to Hill Street in Ahoskie regarding a domestic assault by defendant Capone Ridley. When officers arrived, the victim-caller was on scene, but Capone Ridley, age 29, from Ahoskie, North Carolina, had left. The victim told officers that Ridley had assaulted her after a dispute over missing money and that she knew he carried a firearm. She provided consent for law enforcement to search the house. As she reviewed the consent form with law enforcement, Ridley called her. She then put the call on speakerphone so that the officers could hear the conversation. Ridley instructed the victim not to let officers search the house, but she told him it was too late.
During the search, officers found a bag containing 24 grams of a mixture of powder cocaine and cocaine base in the master bedroom. In a bathroom closet, in a black and yellow bookbag, officers found two bags containing over 100 grams of powder cocaine. Also in the closet, they located a Roman/Cugir Micro Draco 7.62mm pistol with a fully loaded barrel magazine. The victim told officers that the drugs and gun belonged to Ridley.
The Ahoskie Police Department investigated the case, which Assistant U.S. Attorney Jake D. Pugh prosecuted.
18 U.S.C. 841 provides:
(a) Unlawful acts
Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally-
(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.
18 U.S.C. 922 provides:
(g) It shall be unlawful for any person-
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien-
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that-
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
Outcome: Defendant was sentenced to 117 months in prison, followed by five years of supervised release.
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Defendant's Experts:
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