DOCUMENT 2 IN THE CIRCUIT COURT OF COVINGTON COUNTY, ALA MA STATE OF ALABAMA, ex rel WALT M. MERRELL, DISTRICT ATTORNEY, - i Plaintiff, vs. CASE NO.: . ONE (1) PARCEL OF LAND LOCATED AT OR NEAR 1203 SNEAD STREET, ANDALUSIA, EIGHTEEN THOUSAND TWO HUNDRED AND THIRTY EIGHT DOLLARS U.S. AND FOUR CAMERA SECURITY SYSTEM INCLUDING DVR AND SANYO 55-INCH TELEVISION THAT WAS SEIZED FROM THE POSSESSION OF ALBERT DEWAYNE BONAM, Defendants. COMPLAINT Comes now, the Plaintiff; Walt M. Merrell, District Attorney of the wenty?Second . Judicial. Circuit of Alabama, on the relation of the State of Alabama, and relates to the Court the following: 1. That as such District Attorney, the Plaintiff is authorized to institute these proceedings. 2. This is an in rem action againSt: a. One (1) parcel of land and any and all ?xtures Icoatedat or near 1203 Snead Street, Andalsusia, Alabama, mere particularly described by warranty deed as: Lots 1,2,3 and 4, in Block 2 in Extension of East Highlands, a subdivision to the City of Andalusia, Alabama according to the Map or plat of said subdivision as recorded in the Of?ce of the Judge of Probate, Covington County, Alabama in plat book 2 at page 1 as found in deed book 2005 at page 21?193; and, DOCUMENT 2 Also more particularly described by the Tait Accessor 3 Of?ce of Covington County as: Lots 1 ,2 3 Block 2 Extension of East Highlands, Section 17, Township 4 North, Range 16 East, Plat Book 2 Page 1; i. The mailing address of this residence 1s 1203 Snead Street, Andalusia, Alabama 36420. ii. The address listed in the ?agship program of the Tax Accessor?s Of?ce of Covington County is 1203 Snead Street, Andalusia, Alabama 36420, and b. Eighteen Thousand Two Hundred and Thirty Eight Dollars - Currency c. Surveillance equipment, including a four camera system with DVR and a Sanyo ?fty ?ve (55) inch screen television attaChed to the surveillance equipment, all found 1n the residence. That on or about September 10th, 2015, agents of the 22nd Judicial Circuit Drug Task Force seized and detained the above-described realty, eighteen thousand two hundred and thirty eight dollars 238. 00) in U. S. currency, and a four camera surveillance system including DVR and television from the custody, possession and ownership of Albert Dewayne Bonam 1n Covington County, Alabama. A statement of the facts which led to the seizure are as follows: On or about September 10th, 2015 Agents with the 22nd Judicial Drug Task Force received new information on an ongoing investigation into the narcotics traf?cking by the defendant. The Agents began surveillance on the residence and observed numerous vehicles arriving and leaving shortly thereafter consistent with drug activity. Agent Jackson developed a good citizen informant who told Agents that he was inside of the residence September 9th, 2015 and again on September 10th, 2015 and had seen quantities of cocaine and crack cocaine inside of the defendants residence. Agents continued surveillance on the residence and numerous vehicles continued to arrive and leave shortly thereafter, censistent with drug activity. Agents received information from "a different source that the defendant was traf?cking cocaine out of his residence. Agent Jackson then applied for and received a . search warrant for 1203 Snead Street, Andalusia, Alabama, 36420. The Drug Task Force and the IRT team secured the residence and Agents executed the search warrant. Agents searched the residence and found a pair of camou?age shorts inside the master bedroom which contained a large amount of U.S. Currency (approximately $17,000), bundled mostly in thousand dollar. increments. Agents also found a pair of camou?age pants containing digital scales and a pair of camou?age pants containing a Cobra nine (9) millimeter handgun. U.S. Currency was also found in two pairs of socks inside a dresser drawer in the Master bedroom, and inside the defendant?s wallet. The total amount of U.S. currency found in the residence 10. ll. 12. DOCUMENT 2 was eighteen thousand two hundred and thirty eight dollars ($18,23 8.00). Agents located approximately seventy (70) grams of cocaine, estimated value at seven thousand dollars, inside of a light ?xture in the closet of the middle bedroom. Also found 1n the residence was a paint can with a false bottom containing marijmuana Agents also found a four . camera surveillance system set up with a DVR and a television which was used to alert the defendant to further his distribution of controlled substances by helping to protect controlled substances and proceeds from the exchange of controlled substances in the residence andfor providing an early alert System to the presence of of?cers, extending the time needed to dispose of narcotics. That said realty IS owned by Albert Dewayne Bonam, and there are no apparent liens against it. That said currency is owned by Albert Dewayne Bonam. That said four camera surveillance system, DVR, and television is owned by Albert Dewayne Bonam. That said realty was real. property or ?xtures used or intended to be used for the manufacture, cultivation, growth, receipt, storage, handling, distribution, or sale of any controlled substance in violation of any law of this state. . That said currency was furnished or intended to be furnished in exchange for a controlled substance in violation of Alabama law andXor was proceeds of a controlled substance exchange as described in Section 20-2-93, Code of Alabama, 1975, and as last amended. That said four camera surveillance system, DVR, and television were used to help distribute controlled substances by helping the defendant protect said controlled substances and proceeds from the exchange of controlled substances and/or act? as an early alert system to the presence of police of?cers giving him extra time to destroy evidence if the need arose pursuant to Section 20 2 93, Code of Alabama, 1975, and as last amended. That said realty has been posted, and a Lis Pendens has been ?led in acCordance with applicable State law. That said currency remains in the custody of the 2211d Judicial Circuit Drug Task Force for safekeeping. Pursuant to the laws of the State of Alabama, Section 20?2?93, Code of Alabama, 1975, and-as last amended, the said realty and currency should be condemned and forfeited to the plaintiff for use in law enforcement to be divided among the agencies that participated in the seizure. The realty and its ?xtures were used as base for the drug traf?cking activities where cocaine andfor crack cocaine was being prepared and/or packaged andfor sold. The currency was furnished or intended to be furnished in DOCUMENT 2 exchange for a controlled substance in Violation of Alabama law andfor was proceeds of a controlled substance exchange as narCotiCS were being sold out of the home. The four camera surveillance system, DVR, and television were used to help secure the real property to protect the drug traf?cking activities, controlled substances, and proceeds and/or provide and early alert system to the presence of of?cers . WHEREFORE, the Plaintiff prays for judgment against One (1) parcel of land and any and all ?xtures located at or near 1203 Snead Street, Andalusia, Alabama (detailed description above), eighteen thousand two hundred and thirty eight dollars 238. 00) 1n currency, and four camera security system (including DVR and television) and that said realty, currency, and surveillance system be hereby forfeited to the 22nd Judicial Circuit Drug Task Force for use in law enforcement and that said agency be permitted to use or otherwise dispose of said realty and currency in accordance vvith law Respectfully submitted on September 28, 2015. fs/ gyme? Daniel Emmett Massey IV Assistant District Attorney STATE OF ex rel WALT M. MERRELL, 221?1 Judicial Circuit of Alabama Covington County District Attorney's Of?ce 1 -K- North Court Square Andalusia, Alabama 36420 Phone: (334) 222?2513 Fax: (334) 222?6504 emrnett.massey@covicoda.net DOCUMENT 13 IN THE CIRCUIT COURT OF COVINGTON COUNTY, ALABAMA STATE OF ALABAMA EX REL- Plaintiff, V. Case No; . ONE (1) PARCEL OF LAND LOCATED, $18,238.00 1N US CURRENCY, FOUR (4) CAMERA SECURITY SYSTEM, BONAM ALBERT DEWAYNE, ENTERED IN ERROR, Defendants. A OTICE T0 CLAIMANTS 1. In this can fate of Alabama, by and though its Assistant District Attomey 1?01 the 22nd Judi of Alabama, Daniel EmmettMassey IV, ?led a Complaint f01 condemna?oii"and forfeiture 1n this Court againSt certain pr?opeity, to-wit: One (I) parcel of land and any and all ?xtures located at or near 1203 Snead Street, Andalsusia, Alabama, more particularly described by warranty deed as: Lots 1,2,3 and 4, in Block 2 in Extension of East Highlands, a subdivision to the City of Andalusia, Alabama according to the Map or plat of said subdivision as recorded in the Of?ce of the Judge of Probate, Covington County, Alabama in plat book 2 at page 1 as found 1n deed book 2005 at page 21,193 and, Also-more particularly described by the Tax Accessor?s Of?ce of Covington County as: Lots l,2,3,4, Bloek 2 Extension of East Highlands, Section 17, Township 4 North, Range 16 East, Plat Book 2 Page 1; . i. The mailing address of this residence is 1203 Snead Street, I DOCUMENT 13 Andalusia, Alabama 36420. ii. The address listed in'the ?agship program of the Tax Accessor?s Of?ce of Covington County is 1203 Snead Street, Andalusia, Alabama 36420, and as described in Plat Book 2, Page 1 of the Probate Records 1 -- obate Court of Covington County, Alabama; eighteen thousand two hundred and thirt [3:1 ollars in U.S. Currency, and surveillance equipment, including a four cage . . em with DVR and a Sanyo ?fty five (55) inch screen television attached to the surveillance e1 1pment The State claiming that said realty was 1eal property andfor fixtrues used or intended to if .. receipt, storage, handling, distribution, or sale of an. MOI the manufacture, cultivation, growth tailed substance 111 violation of any law of this ed 1n exchange fo1 a controlled substance 111 violation of Alabama law andfor was proceeds controlled substance exchange in subdivision (4) of Section 20 2? 93, Code of Alabama, 1975?,, an .st amended, and the surveillance equipment was used to help further controlled substance 0 s1 helping the defendant protect said controlled substances and proceeds from the exch egg); ontrolled substances located in his residence andfor the, system acted as an early alert systemw to, hea?esence of police of?cers giving him extra time. to destroy evidence if the need arose pursuant I fioii 20?2-93, Code of Alabama, 1975, and as last amended. By 1eason of these facts said pro . i or the law in such case provided, is contraband and forfeited to the State of Alabama, and in ,spg? complainant prays for proper process to determine the rights of the State. - It is therefore, 0 by the Court that the Clerk of this Court be and he hereby IS directed to give notice - vrtisernent in two issues of a weekly newspaper of general circulation in Covington County, Alabam to all persons who may claim any right, title, or interest in said realty and vehicles, to come in and appear in this Court on or before the day of 2015, at clock HM ., and p1 opound their claim to said really and vehicles, and show cause, if there be any, why the sameshould not be condemned as contraband, and forfeited to the State, subject to further orders of this Cou1t. It is further ORDERED by the Court that the Sheriff of Covington County serve a copy of this Orderfor Notice to Claimants on the following individuals: Albert Dewayne Bonam 1203 Snead. Street Andalusia, AL 36420 DOCUMENT 13 Alternate Address: Albert Dewayne Bonam Covington County I ail :90 Hillcrest Drive Andalusia, AL 36420 DONE this[T0 be filled by the Judge]. a. team 7 Award Results Close Window Detailed information for award Exportto: PDF Back Award Title: FY 2015 Byrne JAG for the State of Alabama Award Description: The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and iocai initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The Alabama Department of Economic and Community Affairs will use this Fiscal Year 2015 JAG award to provide local law enforcement elements with funding to upgrade or enhance law enforcement equipment including, but not limited to computers, police radios, weapons, body armor and other equipment. To establish and or support multi?juriSdictional drug and violent crime task forces throughout the state, with the intent of reducing illegal drug activity through increased arrests and prosecution of prime offenders. Funds will also be used to establish and or support implementation of evidence based crime prevention education and early intervention programs for school aged youth. Specific activities involve promoting and encouraging coordination and cooperation among law enforcement agencies; providing programs that will deliver law enforcement and crime prevention training and supporting various state projects in an effort to minimize and avoid reduction in essential services. NCAINCF Awardee Name: Alabama Department of Economic And "Community Affairs Award Number: Solicitation Title: BJA FY 15 Edward Bvrne Memorial Justice Assistance Grant (JAG) Fiscal Year: 2015 Program - State solicitation - Supplement Number: 00 Amount: $3,116,204 Earmark: No Recovery: No State/Territory: AL County: Montgomery Congressional District: 02 Award Status: Open ?ll?l 9! ?In. .101 7 State of Alabama - Openalabamagov Payee Detail Payments by Date Paid Payment Fiscal Year: 2015 Payment Month: All (Oct - Sep) Agency: ECONOMIC COMMUNITY AFFAIRS Category: GRANTS AND BENEFITS Sub-Category: FEDERAL GRANTS OR AWARDS Payee: COVINGTON COUNTY COMMISSION mm Pale 011171?201 5 0210772015 030512015 04(0212015 0522812015 07(31l2015 09l05!2015 Search by: Category Payee [Agency Download: Excel Total Agency Expenditures: $56,601.70 Amount em Detail $5,576.71 More $15,658.12 More $4,910.76 More $4,682.44 More $4,751.59 More $15,656.12 More $5,367.96 More Home Stzaternarltsi?pollcles Aiahamagov 1 Orallne Services i Alerts; 1 Media 1 Feeds Top. 1H 97-20520? I State of Alabama - Openalabamagov' Payee Detail More Download: Excel Payments by Payee Payment Fiscal Year: 2015 Total Agency Expenditures: $5,576.71 Payment Date: January 17, 2015 Agency: ECONOMIC COMMUNITY AFFAIRS Category: GRANTS AND BENEFITS Sub-Category: FEDERAL GRANTS OR AWARDS Payee: COVINGTON COUNTY COMMISSION Transao?on Number Fund Name MINI or Genome? REY Amount we $5,576.71 PV 066 503910584 JUVENILE BLOCK BYRNE JUSTICE 2015 2015 Search by: Category Payee Agenoy Home 1 Alabamagov Onllne Services Alerts Media 1 Feeds I Top. 7 17.1 DOCUMENT 51 IN THE CIRCUIT COURT or COVINGTON COUNT. ALABAMA STATE OF Plaintiff, Case Na: ONE (1). or Lam) LOCATED AT 0R NEAR 1203 SNEAD STREET, "atDefer; dame. ORDER. This matter came befere the Court fer trial on the Plaintiff?s Complaint filed pereuaet te Ala Code 20n2~93 seeking to forfeit certain real. anti personal 'prepe-rty alleged to be cemented re the sale et? centralised After the complaint was filed. but prior. to trial the alleged ewner ef the property, Albert Dewayne Benam passed away A. eentmversy eubeequeritly amae ever proper patties: resulting it: an order dated January 19 2.01. 6 requiring the parties to more te appeitit an. administrator ad litem and tr: substitute the administrator ad. litem at: a Neither part3r moved. for the relief erciered by the Court At trial, the State 6:11 a tiefault judgment on the greetitis that. he 'petseri was a preper and thus, no. party had standing t1} ehj'eet to the forfeiture The parents of the ewe. er were preaeht it: eeurt, represented by counsel and wer ready to proee'etl. with t1 11511. The Cetlrt evermleti the. State? a motion fer 3tltigment err the grounds. that title had. passed. by Operatieh et?law? to the heir-e ef? the owner; The Cert-rt. also accepted the parents ae'real parties; . in interest aeheirs ef the ieweer; . Te the eitterlt Albert Beeham, arid Marilyri Bentham are appeirtteti e0? administrators ad. litem fer the putpeses of protecting the ihterests of the estate of Albert Dewayne Behham in this ease- The evidence eeggeetet?i that sometime prior te September 10 2015 Agent Greg Jackson with. the 22??1 udteial 13mg Task TFeree. 'a tip frem. an informant. that drugs were being sold out at the residence of Albert. 73011112111: on i203 Snead. Street A Andalusia, Alabama. Agent Jeeltaon performed physical surveillance on her: separate arid. ebaerved steppirig. tit-the residence for short periods ef time and subsequehtiy leaving. Agent Jackson ?rrther teetitied that'the Owner, Big'Wayee, had a prior. histery of inveivement with illegal drugs: Baa-eel err these faetsi as Well as information frem. anethet interment Age-ht aekeeri eertelurieti that drugs were beihg: eelti. from the retitlehee and eeught and obtained a warrant to Search the p1 entrees DOCUMENT 51 The search warrant was esteemed on September It}, 2015 at 1203 Snead Street. Big Wayne and ?Eatoya? were present in the home at the time it was searched. The agents discovered $18,282.60? in United States- cnrreney in a pair of camou?age shorts in. a Closet in the master The currency included small denominations and was relied in. $1,000.00 increments. They also found digital 'soales in another pair of eatnou?age pants and a.9rnn1 handgun. in. the same closet. A large quantity of powder Cocaine was located. in a elastic hag in a tight ?shnets one of the other bedrooms. Agent Jackson. stated the amount of cocaine would be. :in excess of. the amount required. for the. charge of ?trafficking? and wouls. have a street value of approximately $7,000.00. A small. amount of. marijnana'was found in. a paint can with a-false. compalttnent. In addition to the above, Agent Jaekson testi?ed they found. a surveillance system consisting of a flat screen TV and cameras located so as to see who was outside the residence. Base-d. palate-expert enee in. handling drug eaSes, Agent Jackson. testified that ?eese items: together indicated drugs were being sold. at the residence. Agent aekson. ?trther testi?ed that Big Ways-e initially indicated ?they wouldn?t ?nd . anything? in. his house and that ?he was broke.? Later; when asked about Big Wayne indicated that it Was aperson known as ?Fat Pat? tn Crenshaw County. He was charged with, atnong'other things, traf?cking in cocaine. Big 'W?yt?t?k mother. Marilyn Bonhaln, testi?ed in. opposition to the forfeiture. She state? that-she never saw any activity at the resistance. She. admitted. she kn ow her son had- prior convict-ions related. to dmgs. She also stated he had received a ?nancial settlement ?ora his insurance company when the original. house on the property burned. She suggested that the currency thatis the eet ofthis preeoodi'?g was {oft over from the settlement. A Spre_ads11eet from the insm?anoe eomp?any indicated that Albert Bonhatn was paid. $155,005.74 for the loss. {De-f. #4 Mrs. Bonham testi?ed that the new house cost approximately $65,000.00. The received hislast eheek from/the insuranoe company" on or about March 23-, 2015, in. the amount of '13 10,515.0ai. The Residenee: Ala. Code that: (aj. The following are anhgeet'to "forfeiture: All'real property or-?xtal?as. fused or intended-to he used for the manufaotare, cultivation, growth receipt, storage. handling, sistribntiom or sale of any eontrol?ied substance in Violation of'any law ofthi's state. This} Courtis. reasonably-satis?ed ?oor the evidence that'the maiden-ea: was being ased'to facilitate the Storsge?aandli.ng ofdrugs and the distribution of The primary factors-in reaching this conclusion are: the quantity ofpowder cocaine; (2) digital. scales; (3) surveillance: system; (4) 9mm. handgun; (5) the physical surveillanee by law '1 The inventory ?led by the Agents of. Ex. states the amount seized; from the camou?age shorts was $178,282. The and the testimony of the agent placed the amount at 518.2 38. The Court. accepts. the investory as the Carrots am oust: found in the Shorts and the Subtract. of this forfeiture action. 2 DOCUMENT 51 enfereement; and (6) the testimony of Agent aekson. This, along with the etherevidenee in. the ease, paint a strong picture of drug sales and distributiezaat .1203 Snead Street. The TV and Camera System; The surveillance system in use at the residence is eehsisteat with drug activity. However the Court: is enable. to find any grasses in Ala. Cede to support fetfeiture of these items.- The- State alleges in its Cemplaiat that the system was ?med ta help distribute controlled suhstaneest? ((3-0me at patsQ} While: the Ceurt there is no evidence that the items were ??xtures?_ within the general de?nition. of that temmer'was there evidence that the items were purchased with the proceeds of drug sales. 3 The Gummy, Ala.- Cede szoaes states that: The foilewihg-are subject to forfeiture: All moneys. . or intended te be ?srnished by any person in exehatsge for a eentrellted substance. in sedation :ef any {aw of this state; ail proceeds haeeab?le te such an exchange; and an moneys..used or intehded to he used te .t?aeilitate any Violation efaey law of this state concerning eentretled. substances It seems. apparent he the Court that the meney'fOund in. this case was connected to the drug activity at theheuse Common sense would dictate that answer. However, the appellate courts have been very restrictive in the area ot?t?erfeitures as it relates to currency. In Mlliams v, State, 1.50 So. 3d 774 (Ala; CW. A1313, 2014), the Court of Civil: Appeals reversed a seizure of currency en the grounds that ?there is no evidence connecting the $362 seized a speci?c drug tztaes'aet'iea. The lawwehfercement of?cials whe testi?ed. in. this net link the messy ta. any haasaetien .ihvelvihg illegal. drugs,? Williams at 779. In addition? the Court-?noted the sweet-"previded evidence-regardiag the seams? of the een?s?jated ?shes. Simi?iar eiresmstaneesexisted in Steven- The'usemt?; One Him?dred'ead Sweaty Delft-era vs State ex rel; Morgaa,_ 1.01 So. 3d 764, 3'69 (Ala. 'Civ. App. the evidence may lead one to suspect that .Cartis?le obtai-e-edthe seizedmeney from illegat aetivity, witl not support? a. forfeiture judgment?), Sulp?sihgly, it: both. Witliems and?evea Tigettsend, Oste- and?Sevehty Dollars, the owners were convicted of'sellihg tilegal drugs fer the Same "incidents that gave rise to the feff?eitures; I It: analyzing-the link: hemeen drug-sates and seizedemteheyt the Comte-have feeused eh- I I the quantity the presence et? paraphemalia "used in drug sales, and the efthe. owner?s explanation. ef having a large amount of? cash in his or her possession. Gertie v; State, 346' 30. '2d 10.90 (Ala. Cite App, 2002} In this ease, there was sufficient drugs fauna en schemes te supports traf?cking charge under Ate. Code additioh, the Agehts ie'eateci digital Scales me. a 3 DOCUMENT 51 surveillance system at the lesidenee ?nally, the Court times that the regarding the seeree of the cash lacks The last check ?em the insurance eompany was received seme time in March af 2015 six months. prior to the seizure. The amount of the check was markedly- different free: the amount seized. .Impertahtly, the.cienominatiens ef the seized money would not be What else wettid expect from eashing a iar?ge cheek at a financial institutien and is more censistent with drug sales. This h??e?natiea, coupled Wi?l. the? testimony of the agent regardieg his physical surveillance and his with drug dealers, leaves the Court reasonably satisfied that the in question was. traceable to each an exchange of drugs for meney anther was used or intended to be used te- .faei'liztate drag transaetiehs. The Court ?nes from the evidence: 1t 10, Albert Dewayne- Benham, elk/a ?Big Wayne?, Was at at} times relevant to the ali-egatiens inf-this ease the earner ef'the real property theater}. at 1.203 Snead Street, Andalusia, Alabama. - Agents with the '22F?d- Judicial Cireuit Task Force executed a search. warrant on the meme-nee .at- 120.3. Snead Street on September 10, 201.5", in response to reports and aetivity indicating drug sales were taking piece there. The Agents discovered and seized frem the pre?perw, among other ?rings, 0- grams efperer $18,282.03 ia United Staree? currehey, a iarfge Sanye fiat sereen tetevisiera, and. a DVR. . Cecaineis a centralied substance ender Mahatma law. Agents-else diseevered a videe. surveiilahee system. and digital scales Within the resicienee. . The. evidence- disceaered at the residence, alelig. With the other evidence it: the" case, is eeasifstent with drag distributia'n taking place from the restatement. Albeit Dewayne Benham, afkfa ?Big Wayh?e was present during the execution of the warrant Albert DeWayee Benham, afk/a ?Big Wayne? has history of price eenvietiohs for drug effenSes Albert .Dewayrie B-enham, Wayme? atated at the time of his arrest:- rhathehari a. ?suppii-er? in. CrenshaW Ceuhty, That the residehee at 1203 Snead. Sheet, Andalusia, Alabama, was being used or intended to be used for the manufaetere, cultivation, growth, receipt, II. 1. 12, DOCUMENT 51 storage, handling, distributien, or sale of any controlled substance in rielation of any law of. this state. Thatthe $18,282.00 in United States currency found during the exeeutiea of a search w-alraht oh. September 10, 2015, at 1203 Sneae Street, Andaiusi-a, Alabama, was furnished. "or ihtertded to he ?lmished by my person in exchange fer? a controlled substance it: violatien of any law of this state; and/?er was pree eeds traceable to such. Ell?l' exchange; aadfer was moneys. . .used or intended to he used to facilitate any violation of any law ofthia-state eeneemiagheentralled substances, Albert Dewayne Behham, aflda ?Bi-g Wayne? died on November 11,205; 13. Ne other :law ehfereemeet agent-3y has a claim. to the seized property Other than. the. 22mg Judicial Circuit Diatriet Attemey?s Of?ce and. the 22nd Judicial Circuit Drag It is therefOte QRBERED, ADJUGED, and DECREED that: a. The 5318,28100 de?ate seized. from 1.203 Snead Street, Andalusia, Alabama, on at- about S'eptenrtber 10, 2015,. is forfeited ahcl shall "be distributed as called for in ?this erder, Aha natty haaihg. custodv efthese .?mcia shall. immediately tweet those-to the What; - . The real property-at 1203 :Sheaci Street, Andalusia, Alabama, more particularly described ih State?s Exhibit. is-ferfeited aha aha-ll be auctioned and sold. te the highest b'id?er by-the Circuit Clerk.- The sale shall be by public outcry en. the steps of the Cevihgtea County Comtheuae ext-August 1, 2016, at 9:06} am, Upen aale, the Circuit. Clerk shall. prepare a deed and the fund's free}. the sale shall he first depesiteti With the Cirtru?it'ClerIt. The deed shall be presented to the Ceurl: for rati?cation The system. arid all. ether'itema net eensidereci.illegal centrabahd shall he returned the heirs of Albert Dewayne'Benham. Ortee the sale .efreal property is eemplete and, the deed'rati?ed by the Gem, the Circuit Clerk shall. deduct all (tests of court from these .?mds. Any party may ask- fer further reimbursement for pests ineurred. with the seizure, maihtenahee, er euateey of the ferfeiteci'prepelty, as well ?as any advertising meta), Once she has time so, the Clerk. shall then pay out the balance remaining in this way: i) . 20% to the Of?ce or the District Attorney for the 22rd Judicial Circuit at Alabama; and DOCUMENT 51 ii} 80% to the: General Fund of Covingtorz County, to be made available to the 22M Judicial Circuit Drug Task Force 11pm requisitiun ofthe chief law of?cer of such agency. The abmre things being accomplished, m) further relief is_ accorded. Done and Ordered this; the 15?" Day?of'lunc', 2016 amalgam-11M Bowden. Benjami? Mi Bowden Circuit J?dge ?Inlay proceeds from $195 authorized by this section awarde? by the (hurt-to a or munidpal iaw enforcement agency or-?epartm em sha?'be- deposited into the respective county or municipal! genus-{313mm and made. avaiiabie to the affected an enforcement: agency or departm ant" upon requisition of the chief taw enforcemenmf?cial of such agency or depa'rtm? em. Ala. Code 6 Will Tucker Staff Writer Southern Poverty Law Center 334?956-8363 will.tucker@splcenter.org Walt M. Merrell District Attorney, 2211d Judicial Circuit Coyington County Courthouse - Court Square Andalusia, AL 36420 Aug. 30, 2017 ALABAMA OPEN RECORDS ACT REQUEST To District Attorney Walt M. Merrell Pursuant to the Alabama Code 36:12-40, I request access to and copies of all records related to any and all criminal investigation(s) of Albert Dewayne Bonam, who is deceased. This request includes, but is not limited to, all records related to evidence collected at 1203 Snead Street, Andalusia, Ala. between Sept. 9, 2015 and Sept. 17, 2015. (Please see Document 54, attached, for reference.) I agree to pay reasonable duplication fees for the processing of this request. Should such fees exceed $50, please notify me of the cost. I am conducting a journalistic investigation into the 221"1d Judicial Circuit Drug Task Force for the Southern Poverty Law Center and therefore have a direct and legitimate interest in these documents. They may be made available to the general public free of charge as part of a public service. This request is not for commercial purposes and is made in the process of newsgathering. If my request is denied in whole or part, I ask that youjustify all deletions by reference to I speci?c exemptions of the act. I will also expect you to release all reasonably segregable portions of otherwise exempt material. I reserve the right to appeal your decision to withhold any information. Please don?t hesitate to contact me if you have questions regarding this request. Thank you for your assistance. Sincerely, Will ucker