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'Controlled deliveries' sting drug suppliers in Arizona

An Arizona Department of Public Safety officer stops a Chevy pickup truck on Interstate 40 near Flagstaff, Arizona for speeding.
The driver is nervous. His story of where he's going seems fishy to the officer, so the officer asks the driver if he can search the pickup truck. The driver says "no." The officer calls for a drug-detecting dog. The dog sniffs at the pickup and "alerts" on the bed. The officer opens a cover on the bed and finds dozens of bales reeking heavily of marijuana.

Another 700 pounds of marijuana have been taken off the street.

But why settle for a bite when you could have the whole enchilada?

Investigators with DPS in Flagstaff, Arizona in an effort to go after the "big fish" drug dealers, regularly conduct stings called "controlled deliveries" once they nab a load of drugs being transported across the country.

"It's best described as furthering a narcotics arrest, making a larger case of it rather than locally," said DPS Detective Jay Atwater. "We're looking for the dealers getting this stuff on the streets."

In essence, instead of letting people, known as "mules," transport the drugs across the country for a fee take the fall, law enforcement officials focus on finding out where the drugs came from and where they're going.

Atwater said DPS works closely with the Drug Enforcement Administration when conducting controlled deliveries because DEA has the resources and the authority to make controlled deliveries happen.

"In DEA's scheme of things, this is the kind of investigation we like to immerse ourselves in," said DEA Special Agent Jim Molesa, who is based in Flagstaff, Arizona. "Because now we're getting the source of supply, and we're getting the wholesale distributor."

Continued Molesa: "We are genuinely getting the people who are profiting from somebody's addiction." And that profit is in the "millions."

Atwater explained the concept of controlled delivery through a recent operation conducted last year that ended in the arrest of seven people, seizure of more than 1,800 pounds of marijuana and $2.2 million in cash.

On March 11, 2002, an officer made a traffic stop of a Chevy pickup truck on I-40 just east of Flagstaff, Arizona. After a K-9 searched the pickup and alerted on the bed, the officer found 697 pounds of marijuana. The driver was arrested for possession and transportation of marijuana for sale.

Atwater said the first step in forming a controlled delivery is to see if the driver wants to cooperate with investigators.

Getting someone to cooperate varies, Molesa said.

"They don't even own these drugs, and we know they don't," Molesa said. "Do they want to take the full fall for it, or would they rather help us tie up the people who not only fund this, but perpetuate it?"

If the mule decides he or she may want to cooperate, the county attorney's office is called in order to see what kind of deal can be made, Atwater said.

Coconino County Attorney Terence C. Hance said that before any deal is struck, investigators run a background check and a criminal history on a mule in order to find out how bad the person is.

"You try to get some kind of handle on that because you don't want to cut a deal to the wrong person," Hance said.


If a mule is determined to be too bad, a deal won't be given.

That determination is made on a case-by-case basis, Hance said. It is a question of what can be gained from the operation.

"What are you going to get for what you're going to cut?" Hance said. "Normally, when somebody is going to go out on a limb to do a reverse sting, we'll consider making a probation-available plea."

Convictions on drug transportation cases carry prison terms, Hance said. So offering probation is good incentive, particularly considering possible consequences from the other end of the equation -- the drug organization.

"It's worth a person's life, so those things often take place without even myself knowing about it," Hance said. "The people doing this are putting their lives on the line."

Attorneys rely on officers to do confirmation checks with officials in the area where the delivery is to be made to determine to whom the drugs are being delivered to make sure the deal is real, Hance said.

Controlled deliveries are risky, but they need to be done, Hance said.

"You don't make a dent without being able to impact somebody higher up in the food chain," Hance said.

Atwater said once the deal is struck, the mule is interviewed.

"Then they give us the stories they have to tell," Atwater said.

The mule who was stopped on I-40 told investigators he came from Tucson, Arizona and was going to a drug organization in Cincinnati, Ohio.

"This guy was to earn $10,000," Atwater said. "It was his fourth load."

The next step was to contact the Cincinnati authorities, present the information and see if the Cincinnati authorities wanted to take the case further, Atwater said. They did. In the meantime, Atwater said the DPS narcotics agency in Tucson was contacted to find the point of origin for the marijuana. Investigators identified a "stash house" from where the mule took possession of the drugs.

Once the elements have been put in line, Atwater said DEA is then called.

Time is critical because the mule is on a time schedule, Molesa said.

"I think the next day we were traveling," Atwater said.

Molesa said DEA tries to coordinate an operation and all the variables involved -- the coordinating agency, the receiving-end authorities, where the drugs are going, who the mule will be contacting and what the drug dealers at the receiving end anticipate to make the deal look as "real as possible."

Decisions are made on whether to fly the mule's vehicle to the receiving end, whether to fly the drugs there, or if a substitute can be found, or if the receiving-end agency might have a load of drugs that could be used as a stand-in, Molesa said.

In the case of the Flagstaff, Arizona mule's truck, Atwater said it was decided to not take the truck, instead creating a ruse that the vehicle broke down.

Atwater said the drugs and the mule were flown to Cincinnati using a DEA aircraft. Agents put the marijuana in a motel with the cooperating mule.

Two men showed up to load the marijuana into a van. They were arrested after they finished loading the van.

Agents served search warrants on the two men's homes and on the home of another man in Kentucky who had received prior loads from the mule, Atwater said. Agents seized 23 pounds of marijuana and approximately $1 million in cash.

After the Ohio and Kentucky raids had been completed, Atwater said agents and officers raided the stash house in Tucson, Arizona.

Officials made three more arrests, seized another 1,200 pounds of marijuana and $1 million.

"This is not typical," Atwater said, adding that most drug transports end in just arrest. Some mules refuse to cooperate with authorities.

Some cases that make it to the controlled delivery state go bust because people don't show up.

Atwater said DPS drug transport seizures have resulted in controlled delivery operations all over the eastern United States, including New York, Michigan and Georgia.

"Arizona being a source state, it goes somewhere," Atwater said.

DPS in Flagstaff, Arizona has one detective sergeant and five detectives. All participate in controlled deliveries, Atwater said. The agency has no hard numbers on the frequency with which it does controlled deliveries, but Atwater said the agency does "several" a year.

The mule who cooperated was released after the bust, but he was still facing charges. Atwater said the mule did not appear in court to face his charges. He was later found, arrested and sentenced to two years in prison.
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