The Register-Herald, Beckley, West Virginia

Today's Front Page

May 4, 2010

Undercover officers key to drug battle

Ridding the Wyoming County of illegal drugs has been an ongoing battle for years. In some cases, it takes years to build a case against a single drug dealer. That makes it frustrating for residents, but it is also just as frustrating, maybe more so, for the investigating officers.

Additionally, once a dealer is arrested, most often he/she is released on bond before the officer completes the paper work. With few exceptions, every offender is constitutionally allowed bond — if he/she can post it.

“It frustrates me. It frustrates me more to see the discouragement in the public when they see this,” emphasized Capt. Don Cook, the county’s only drug agent.

Cook is assigned, by Wyoming County Sheriff Randall Aliff, to the Southern West Virginia Regional Drug and Violent Crime Task Force.

“The day we arrest the dealer in their neighborhood is the day (residents) have been waiting for, in some cases for years. Finally they get to see the drug dealer, whom has made the neighborhood a nightmare, taken away in cuffs.

“I cannot imagine how frustrating it must be to see this person return in a few hours,” Cook said.

Drug agents, as those on the task force are often stereotyped, Cook explained. It is important, he noted, that he, as an agent, understand every aspect of the drug culture to be an effective officer.

“Drug agents are often misunderstood due to TV shows and other stereotypes; however, we attend special training and are placed with experienced officers before a drug agent can aspire to be an undercover officer.”

Undercover officers are an important part of any drug activity investigation. These investigations also often require the assistance of federal agencies that can follow the supplier of the local drug dealer, often times in other states.

“The task force is a multi-jurisdictional agency commanded by the West Virginia State Police and a board of directors made from each participating agency,” Cook explained.

“The benefits of being part of the task force are many, including federal funding, additional manpower to investigate drug crimes, as well as working closely with numerous federal agencies including the ATF, FBI, DEA and the United States Attorney’s Office.

“Since investigating drug crimes involves purchasing drugs, the expense is tremendous; and, without federal funding for this expense, the investigations of these crimes would suffer greatly.

“Training and equipment are also provided by the task force,” Cook noted. “I think that the participation of the Wyoming County Sheriff’s Department in the Southern West Virginia Regional Drug and Violent Crime Task Force has contributed greatly to the successful investigations of drug dealers as well as convicting them.”

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Once a dealer is identified, the goal of the task force and sheriff’s department is the same — to shut the dealer down.

“Unlike any other crime I am aware of, the starting point for a successful drug case is to have the defendant on video committing the crime,” Cook said.

“This is the standard of evidence required for officers investigating drug dealers. If this is not possible, witnesses may be called upon to provide information that would support the evidence.

“Once we are made aware of a person dealing drugs, our goal is to obtain all possible information and evidence on that criminal organization,” Cook explained.

“One method is to utilize confidential informants and/or undercover officers to directly purchase controlled substances from the suspected dealer. Therefore it may take months or even years to find a confidential informant to make these controlled purchases or establish a situation in which an undercover officer can make the purchases directly from the suspect ...

“A successful investigation would involve numerous controlled purchases to establish the pattern of drug dealing on the part of the suspect.

“Each controlled purchase requires its own report, consisting of numerous pages ...

“Through citizen complaints, other investigations, etc., we identify an individual or groups of individuals selling drugs.

“Once we establish who that person is, where they live, and check on the possible sources of the drugs they are selling, as well as any other information pertinent to the investigation, we attempt to infiltrate that organization in numerous ways.

“We then secure evidence that this person is selling drugs, using such things as statements, surveillance, controlled purchases, and search warrants.

“Once sufficient evidence is obtained that this individual is selling drugs, warrants are obtained and arrests are made.

“The arrested individual would then be afforded the opportunity to post bond.

“For these felonious charges, this suspect would then be entitled to a preliminary hearing to establish if probable cause exists to charge him/her with this crime.

“If so, this case would then be bound over to circuit court. We would then be required to present this evidence to a grand jury to again establish if evidence of the crime exists.

“If so, a trial date then would be set for this suspect.”

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The public can play an important part in removing dealers from neighborhoods.

“I would ask (the public) to be diligent in their complaints to law enforcement as well as others in the court system,” Cook said. “We value greatly the information they provide to us about these drug dealers.

“You can remain anonymous when providing this information. We want these drug dealers out of your neighborhoods as well and we understand that the pace of these investigations is often frustrating, but it is required in order to obtain enough information and evidence to convict those accused.

“The public should participate and voice their opinions to lawmakers and the Legislature to empower police and prosecutors to establish severe punishment to those who deal drugs and destroy families,” Cook emphasized.

If it were up to Cook, dealers would be handled much differently.

“Create a strong deterrent for drug dealers,” Cook said. “Hold these individuals accountable for their actions. If they make the decision to sell drugs, they should do so knowing that if caught, they will go to jail.

“When probation or other alternative sentences are chosen, make the conditions on these alternatives stern and absolute.

“If they are given a break initially and get probation, additional breaks for ongoing criminal activity and drug test failures should not exist.

“Where is the deterrent for these offenders? As it stands now, the crime is more beneficial than the punishment.

“In my opinion, as long as we continue to place a dollar value on justice (regional jail fees), no justice will ever be delivered. The cost of the regional jail system is universally dictating justice in the judicial system.

“All involved are under constant pressure to ‘keep the regional jail bill down.’ This is creating a system that is allowing the same people to remain free after continuing to offend.

“The system is bending over backwards trying to probate, home confine, or place criminals on anything other than in jail.

“Assuming that rehabilitation is the goal, these offenders should not be allowed to commit additional crimes and fail drug screens again and again. It would seem, that at some point, rehabilitation would be considered a failure and a shift toward the punishment phase would begin.”

— E-mail: mcbrooks@register-herald.com

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