by Van Smith

Published in City Paper, Dec. 2, 2014

All-State Career School, a trade school in Baltimore for would-be truckers, healthcare workers, and others seeking a route to gainful employment, is apparently under federal criminal investigation for possible violations of U.S. Department of Education (DOE) regulations meant to ensure the lawful disbursement of federal student aid. The school, which receives city funds to help pay students’ tuition, is also one of 27 schools that, according to DOE data released in October, is not complying with requirements that for-profit schools derive less than 90 percent of their revenue from federal student aid, out of almost 2,000 schools that fall under the regulations. 

The All-State probe first became public early this year, when two former All-State admissions representatives and a former testing administrator for the company were sentenced in Maryland federal court for a conspiracy to boost the school’s enrollment by engaging in a test-cheating scheme that enabled ineligible students to access federal student loans and grants. The cheating scandal involved changing the answers on pre-admissions tests taken by approximately 170 prospective All-State students, and about 72 of them ended up improperly receiving almost $575,000 in federal student aid, including Pell grants for non-degreed students in financial need. 

At the January sentencing hearing for former All-State admissions representative Jesse Raymond Moore, Sr., Assistant U.S. Attorney Martin Clarke told the judge that “we endeavor to investigate the school that Mr. Moore worked for, investigations continue,” according to a transcript of the hearing. Moore “is not the only one who has assisted the Government” in the All-State investigation, Clarke continued, “but the Government need[s] as many people as possible to get at an inside look on how the school was conducting itself within the Department of Education regs for Federal financial assistance for their students.” 

The Maryland U.S. Attorney’s Office declined to confirm whether the investigation remains ongoing, and the top leaders of the company that owns All-State, White Marsh-based Education Affiliates (EA)—chief executive Duncan Anderson and chief financial officer Stephen Budosh—did not respond to a detailed email asking for comment. Education Affiliates is one of the largest privately held companies in the Baltimore region, with revenue pulled in from seven schools it operates at about 50 campuses across the country, according to its website.

An attorney who currently represents EA in an unrelated civil lawsuit, Richard Hafets, said, “I seriously doubt that anyone at Education Affiliates or any of its related entities will want to comment,” when asked if he could pass City Paper’s inquiries on to his clients.  

The school is part of an industry providing for-profit education that has erupted in controversy in recent years, as Clarke noted at the sentencing hearings of the All-State defendants. Pointing to “a trend” in which schools, “especially trade schools,” do “not take the regs of the Department of Education seriously,” Clarke stated that “in those institutional cultures, a lot of things that are deemed criminal by Federal law are taking place.”

At the sentencing of another former All-State admissions representative, Barry Sugarman, U.S. Magistrate Judge Timothy Sullivan echoed Clarke’s sentiments. Calling Sugarman “a small cog in a large wheel,” Sullivan said that “when you engage in a conspiracy to misuse or abuse” the regulations, “all you are doing is lining the coffers of your own business” by engaging in “a conspiracy to defraud the Government” while “not caring about the people that are in your school in the first place.”

Moore, Sugarman, and a test administrator, Jacqualyn Sue Caldwell, who worked for All-State under contract with her employer, the testing-service company Wonderlic, pleaded guilty to “conspiracy to defraud a student financial aid program,” according to a Federal Bureau of Investigation (FBI) press release about their case. “Students without high school diplomas who applied to for financial aid to attend” All-State “were required to pass” the Ability to Benefit (ATB) test to “demonstrate their aptitude to complete the educational program and work in the field,” Maryland U.S. Attorney Rod Rosenstein said in the release, but “by cheating, the defendants defeated the purpose of the tests and defrauded the government.”

The three defendants received light sentences. Moore was put on probation for four years and assessed a $2,000 fine, while Sugarman got two years probation and a $5,000 fine and Caldwell was imprisoned for one day of time already served, and three years of supervised release. Attorneys for Moore, Sugarman, and Caldwell did not respond to City Paper’s request for comment. 

Court documents show that the investigation included the use of “confidential sources” (CSs) and “undercover agents” who “applied for admission to All-State and intentionally failed the ATB test,” but the defendants would assure that the failing students would pass the ATB on their second attempt. Sugarman, for instance, “became aware through another Admission Representative” that Caldwell “could ensure that students who failed the ATB the first time would pass it the second time,” the court records state, because “she could manipulate the results to give them a passing score.”

In one instance, Sugarman informed a prospective student who, unbeknownst to him, was a CS, that he had “passed the second ATB test (even though the CS intentionally gave wrong answers to purposely [sic] fail the test),” the court records state. Referring to Caldwell, Sugarman told the CS that “she won’t do it the first time” because “she says, they gotta at least make an effort. She says I’ll work with them a second time.” The CS responded to the passing-grade news by saying, “Look, ask no questions, tell no lies.” 

Another episode included in the court files suggests that changing test answers wasn’t the only way that the admissions and financial-aid apparatus at All-State prompted fraudulent outcomes. Court records state that Sugarman, while advising undercover agents posing as applicants who had not filed tax returns in previous years, would tell them “to understate their income” on the Free Application for Federal Student Aid (FAFSA) so that they could “qualify for the maximum amount of Pell grants and student loans.” 

One undercover agent in the All-State investigation was taken to the school’s financial-aid department by Sugarman, who “told the financial aid representative that he earned between $25,000 to $28,000 the previous year, but he was a ‘non-filer,’” the court records state. “The representative suggested that they put down $1,500 as earned income for that year” in the FAFSA, and “as a result of the undercover agent’s under-reported income, the DOE awarded him a Pell grant for $3,330, $4,000 in federal unsubsidized loans, and $2,333 in subsidized loans.”

“Trust me,” Sugarman told the undercover agent as he explained why and how he should under-report his income in the FAFSA. “I do this enough. You’re not doing anything wrong,” adding that “they’re not the fucking IRS up there.” 

 In November, the City of Baltimore’s Board of Estimates (BOE) approved $25,000 for the Mayor’s Office of Employment Development (MOED) to help pay All-State tuition for job-seeking clients. Mary Sloat, MOED’s assistant director for workforce operations, did not have data about the full extent of the city’s payments to All-State, but BOE records show $15,000 approved in November 2011, $18,000 in June 2012, and $20,000 in January 2013.

The All-State scandal shares traits with another federal prosecution, just announced in Florida against the owner and three admissions representatives of the now-shuttered Fast Train for-profit school. The four allegedly defrauded the government by “recruiting students who were not eligible for federal student aid and falsifying student aid applications in order to obtain federal Pell grants and Direct Loans,” according to the FBI press release about the indictment. The scale of the alleged Fast Train scheme was larger than what was proven so far at All-State, though, with about 1,300 fraudulent applications bringing about $6.5 million in federal student aid into Fast Train’s coffers.

The for-profit education industry draws about $30 billion per year in federal student-aid funding, and its poor public image has come as a result of critical government investigations in recent years, prompted by allegations that the schools aggressively market their programs, enticing enrollees into high levels of debt without adequately preparing them for the job market after graduation. 

The ongoing controversies have prompted federal reforms aimed at improving student outcomes. One, called the “90/10 rule,” requires almost 2,000 regulated for-profit schools to have at least 10 percent of their revenues from sources other than federal student aid. All-State and another EA school, Fortis College in Florida, were among 27 schools nationwide that are currently noncompliant, a status that puts their eligibility to participate in federal student-aid programs at risk. 

On Oct. 31, DOE announced a new set of “gainful employment” rules, after its previous reform effort was derailed by a federal judge’s ruling that it was too arbitrary. This time, schools will lose their eligibility to participate in federal student-aid programs if they cannot demonstrate that their typical graduates’ estimated annual loan payments are 20 percent or less of discretionary income or 8 percent of total income. 

The for-profit schools’ main trade group, the Association of Private Sector Colleges and Universities, of which EA’s schools are members, immediately filed suit to stop the new gainful-employment rules, which are set to go into effect next summer.

U.S. Secretary of the Department of Education Arne Duncan, in a statement, deemed that new regulations are “a necessary step to ensure that colleges accepting federal funds protect students, cut costs, and improve outcomes. We will continue to take action as needed.”

by Van Smith

Published in City Paper, Sept. 23, 2014

Maryland criminal-defense attorney Kenneth Ravenell has been called the “MVP” of the Baltimore defense bar, a man whose arguments once convinced the U.S. Supreme Court to uphold a ruling that a murder defendant’s statements were inadmissible at trial. But a current federal case against one of his clients, accused drug-trafficker Richard Christopher Byrd, suggests Ravenell may have gone beyond helping Byrd fight the charges: He may have had some role in helping coordinate Byrd’s efforts to conduct counter-surveillance of law enforcers’ lengthy probe into his alleged nationwide drug-trafficking and money-laundering conspiracy.

The 16-page superseding indictment against Byrd and four others, filed in Maryland U.S. District Court in July, does not name Ravenell, and he has not been accused of any wrongdoing. But the indictment describes “a representative” paid by Byrd who “gathered information about law enforcement activities and inquiries” from co-conspirators, and then relayed the information to Byrd so “he could monitor” the investigation. It then states “the representative of Richard Byrd contacted law enforcement officials and sought details of the seizure of $85,000 in currency from the luggage of Najah Stewart” at Baltimore-Washington International Airport (BWI) on September 1, 2009, when Stewart checked luggage onto a flight to Ontario, California, but didn’t board the plane. In the separate resulting forfeiture case, in which the government sought to keep the cash, one of the court’s rulings recites that same set of events on September 1, 2009 involving the $85,000 seizure and names Ravenell as an attorney for Stewart who called DEA agents to discuss the seizure.

On Sept. 11, according to the docket in Byrd’s case, an attorney-inquiry hearing was scheduled to be held before U.S. District judge Richard Bennett, who is presiding over the case, regarding Ravenell’s representation of Byrd. Such hearings can be called for any number of reasons, such as addressing potential conflicts in an attorney’s representation of a defendant or resolving a defendant’s complaints about an attorney’s efforts on his or her behalf. The docket, though, does not indicate whether the scheduled hearing took place, nor does it convey what may have resulted, if anything.

City Paper sent a detailed email to Ravenell, and followed up with phone calls, asking if the indictment’s language suggests the government believes he is the representative paid by Byrd to gather intelligence about the investigation, but he did not respond by press time. The Maryland U.S. Attorney’s Office declined to comment about any aspect of the case or the investigation, which has already resulted in convictions of members of Byrd’s family and alleged organization.

In court filings, Ravenell has portrayed Byrd as a towering behind-the-scenes figure in entertainment circles, a successful impresario whose brand-awareness campaigns on behalf of major companies, such as the makers of Courvoisier and Hennessy cognacs, for the past 15 years have involved holding huge events in major U.S. cities with celebrities—from hip-hop superstars Sean “P. Diddy” Combs and Jay Z to sports greats Magic Johnson, Shaquille O’Neal, Michael Vick, and LeBron James—hosting or making appearances. This has been “profitable for Mr. Byrd,” Ravenell wrote, making the 41-year-old Byrd rich enough to send his kids to Garrison Forest School in Baltimore County and Valley Forge Military Academy outside Philadelphia. 

The U.S. government, though, describes Byrd as a major, nationwide narcotics trafficker. After Ravenell represented him in an early 1990s armed drug-dealing case in Baltimore that resulted in a five-year prison sentence, Byrd, the government contends, emerged as the leader of a sophisticated outfit that has distributed at least 200 kilograms of cocaine and up to 20 tons of marijuana—a sprawling drug enterprise that is the true source of Byrd’s wealth. The prosecutor, assistant U.S. attorney James Warwick, has stated in court filings that Byrd “was born in Jamaica” and “entered the United States as a teenager,” adding that he “has substantial ties to Jamaica” and “is believed to have moved financial assets to that country through third parties.” 

These competing versions of the truth about Byrd are vying to prevail in the case. Also indicted are Byrd’s brother, Rasan Byrd; attorney James S. Bowie II and Kimberly Reid of Houston, who are accused of helping launder money; and Richard Drummond of Maryland, who allegedly helped manage and transport large sums of cash. An earlier co-defendant, Maurice Jones, has pleaded guilty and on Sept. 16 Bennett sentenced him to seven years in prison.

Other than the defendants’ liberty, at stake are some high-profile assets, since the indictment claims the government, in its effort to collect $20 million in ill-gotten gains it ascribes to the conspiracy, is entitled to real estate in Baltimore and Fort Lauderdale, vehicles, seized cash, and two large celebrity-drawing nightclubs: The Griffin, in Manhattan’s Meatpacking District, and the Gold Room, in Atlanta’s uptown Buckhead district. 

Two other companies targeted for forfeiture also are a testament to Byrd’s entertainment ties: Fever Beverage, a Pennsylvania-based company that makes libido-enhancing drinks headed by Delmond Newton of the streaming-video subscription service UrbanClout and creator of the “Strip Club Queens” reality show; and D.C.-based LOC Marketing, which has worked with Byrd’s celebrity events and is headed by Lamont “Monte” Wanzer, rapper Biz Markie’s manager.

An attorney representing The Griffin, Joan Toro, had “no comment” in response to City Paper’s inquiries, and attempts to obtain comments from Newton and Wanzer were fruitless as of press time. Jonathan Clay, a former owner of the Gold Room who City Paper reached by phone, said, “that’s bizarre,” adding that Byrd’s name “doesn’t ring a bell.”

The probe began in 2009 under the auspices of Arizona law enforcers, about two months after the cash in Stewart’s luggage was seized at BWI, and in 2011 the U.S. Drug Enforcement Administration, the Arizona Financial Crimes Taskforce, and Homeland Security Investigations of the U.S. Immigration and Customs Enforcement joined the effort. 

Since then, several members of Byrd’s family and alleged organization have already been convicted in Maryland federal court, including: his mother, Yvonne Castle Taylor, in connection with her attempt to surreptitiously carry more than $100,000 in cash onto a flight to Jamaica, a bulk-cash courier role she admitted to having played before; his half-brothers Harold Alexander Byrd and Josef Ibreham Byrd, for drug trafficking; his Jamaican lieutenant in charge of Baltimore operations, Jerome Adolfo Castle; and Thurston Lindsey, also for drug trafficking. Ravenell initially represented Castle, when he was indicted for illegal re-entry of a deported alien, but withdrew shortly before Castle’s indictment on drug-conspiracy charges. 

In addition, the government successfully sued to keep $40,222.25 seized from the Owings Mills residence of Byrd’s sister, Andrea Shelly Ann King-Chang, who’s alleged to have had bank accounts used to funnel money to Byrd in Arizona. Byrd was present in King-Chang’s residence when the money was seized during a raid. 

Other than the glitzy assets and large sums of cash targeted for forfeiture, the case is colored with intrigue, including the allegation that Byrd hired a private investigator who “conducted surveillance outside the residence” of an Arizona law enforcer who was working the case in 2012. During the course of the investigation, Rasan Byrd and Lindsey allegedly confronted law enforcers working the case. 

Until Richard Byrd’s arrest earlier this year as a result of the Maryland indictment, he’d been on pre-trial release on Arizona charges since February 2011. Since then, and before, his brand-awareness campaigns have been prolific, according to Ravenell’s filings, which describe events where thousands of people pay to attend, generating tremendous cash flows. Two such events in 2012, for instance, generated $448,500 in currency that was securely carted away by Dunbar Armored. His business is conducted through two companies, Deandre Byrd Entertainment and LOC Marketing, Ravenell explained, though he also operates under the banners of 10 Fingers Entertainment and Von-a-Don, the name of a Baltimore clothing store where Byrd used to work before he “organized, coordinated, and promoted social events from 2003 to 2007 at Vision, the most popular nightclub in Houston.” 

by Van Smith

Published in City Paper, Aug. 29, 2014

The FBI had a busy day in Baltimore on Aug. 11, thanks to an informant’s flurry of phone calls setting up drug deals that resulted in federal charges against nine men. The informant, dubbed “CW1” in court documents, had been arrested with “several kilograms of both heroin and cocaine,” and proceeded to set up sales of the drugs to his customers so the FBI could arrest them.

Seven were arrested over a four-hour period that afternoon, when they arrived in succession at the Mondawmin Mall parking lot, allegedly prepared to purchase kilograms of cocaine and heroin from CW1, who had supplied them in the past. Two, from Washington, D.C., were arrested that night at the Haddon Hill Apartments in Northwest Baltimore, where one allegedly worked as a maintenance man; agents seized $216,140 in cash from a maintenance-closet cabinet there. In one case, a defendant allegedly expected a setup at the mall parking lot, thanks to an earlier call from his probation agent, who asked him if he’d been arrested by the FBI, and so he came to the deal without any money.

All nine were indicted Aug. 22 by a federal grand jury, which charged them in a cocaine-and-heroin conspiracy. Many appear to have prior federal convictions. The court documents portray a hectic schedule of wheeling and dealing as the informant and the men prepared for major drug transactions that lured the alleged dealers into the hands of waiting law enforcers.

First arrested were Dominic William “Nick” Parker of Gwynn Oak and Jermaine “Main” Cannady of Eutaw Place in Baltimore, after their 1:05 p.m. arrival at the mall’s parking lot. Earlier, at 9:27 a.m., CW1 called Cannady, who was convicted of assault in the 2000s after throwing scalding-hot baby oil on a fellow inmate who he also beat with a broom handle while he was serving time for a 1999 drug-conspiracy conviction, and told him to “call Nick” and “wake his ass up” because “I don’t want fat boy and any other them motherfuckers, just Yo” to come to the drug deal. Later, just after noon, Parker got on the phone with CW1 and said he had some errands to do first, but CW1 told him to come do the deal first—which he and Cannady did, and were promptly arrested.

Next up, after their 1:41 p.m. arrival at the mall parking lot in a white pickup truck, were Tavon Alexander Louis “Tay” Hopkins and Cornell Dion “Nelly” Brown Jr., both of Northeast Baltimore. Described as “multi-kilogram dealers” who CW1 “supplied with cocaine,” the court documents indicate that CW1 initially tried to get them to come do the deal with Cannady and Parker, with whom Brown was previously convicted on armed bank-robbery charges. A half-hour before their arrival, Brown told CW1 that “I’ma come get four” kilograms, and then, later, “I’ma come back [and] get ten.” After their arrests, agents found $157,000 in cash in the truck, enough to purchase four kilograms. Hopkins told agents he “knew it was a set up” because “CW1’s vehicle was far from other vehicles, like the police set it up,” and that “he told Brown that he needed to drive away.”

At 3:01 p.m., Donte Eugene Taylor of McElderry Park arrived at the mall parking lot, having enthusiastically received CW1’s news, delivered over the phone at 9:41 a.m., that kilos of cocaine and heroin were available. “You ready to see me?” CW1 had asked, to which Taylor responded, “Yeah!” The deal was for one kilogram of each drug, and CW1 told Taylor he didn’t need to bring all the money, just enough “so I have something.” At 1:49 p.m., Taylor told CW1 that “I’m just waiting on my little homie to get me” some money. When Taylor was arrested, he had $2,504.

Guy Bordes Agnant Jr. was the next arrestee to arrive at the mall parking lot, at 4:05 p.m. The Laurel resident has a prior conviction for involuntary manslaughter in a highly publicized case in D.C. after a car crash, in which he was driving a vehicle at 90 mph, resulted in a man’s death. Agnant was skeptical of CW1’s proposed deal, since in his prior purchases from CW1—which court documents say involved a total of about 25 kilos of coke—had occurred in Columbia, Maryland. Nonetheless, Agnant was intrigued, texting CW1 a question—”How far can you go?”—to which CW1 replied, “As far as you want to go,” meaning as much coke as he wanted. The agreed-upon amount ended up being 15 kilos, with Agnant bringing half the money up-front. But when Agnant arrived, he was empty-handed, and CW1 explained that “Agnant was very nervous as he had been set up before” and “was nervous about the change in their normal dealings.”

After his arrest, Agnant told officers “that he knew something was up today because his probation officer called him and asked if he had been arrested by the FBI.” FBI special agent Eric Nye contacted the probation officer, “who confirmed she had called Agnant” and asked “if he had been arrested by the FBI.” Agnant also told officers he didn’t understand why he was being arrested, since “I didn’t have any money on me, I just came to look at it.”

About 25 minutes later, Ronald Timothy “Little Ronald” Sampson of Windsor Mills arrived at the mall parking lot and was arrested. Earlier in the day, he’d told CW1 he wanted to buy a kilogram each of heroin and coke, saying, “I need to see you bad.” CW1 responded by saying, “I got you, I got you . . . on both,” adding that it would cost $75,000 for the heroin and for the cocaine, “I’ma say about 38, since it’s a drought.” At 3:40 p.m., Sampson told CW1 that “I gotta put the word out as we speak”—meaning he would be alerting his customers that he’s about to be flush with drugs—and added that “I got some cash for when I see you.” He was arrested with $10,500.

The last two busted due to CW1’s efforts were D.C. residents Antoine Demarr “Vito” Washington and Vincent Ronald “Cuzo” Cooper, who both appear to have prior federal drug convictions. CW1 “has sold over 40 kilograms of cocaine” to them in the past, the court documents state. In the Aug. 11 deal, Cooper allegedly agreed to buy seven kilos of coke, but only had enough money to buy six kilos. At 8:45 p.m., the two men arrived at  the Haddon Hill Apartments, where Cooper allegedly “was a maintenance man” who had “access to vacant apartments there to safely exchange the cash for the cocaine.” Washington was detained first, then Cooper was found “coming up from the vicinity of a basement storage door,” and, after agents detained him, they found a key to the maintenance closet, where they found “a large cabinet on the floor” in which was found “a brown paper bag containing” $216,140. Another $7,000 was recovered from Washington’s car.

Thus, thanks to CW1’s well-placed phone calls, law enforcers arrested nine alleged kilo-level drug dealers, some with serious criminal pasts, and seized about a half-million dollars in cash­. That’s an impressive haul for a day’s work.

by Van Smith

Published in City Paper, Aug. 28, 2014

U.S. District Court Judge Richard Bennett on Aug. 26 ruled that the federal government has no right to keep $106,467 in cash that a Baltimore City Circuit Court judge previously ruled had been seized illegally from a drug suspect by Baltimore police. Maryland U.S. Attorney’s Office spokesperson Marcia Murphy, in an emailed response to a request for comment, said, “we expect to file a motion for reconsideration.”

The Baltimore City criminal case against the drug suspect, 37-year-old Adolfo-Gitchenos Aduso Lucas of Northeast Baltimore, fell apart last year when his criminal-defense lawyer, Lawrence Rosenberg, persuaded Circuit Court judge Barry Williams that a traffic stop of Lucas and subsequent search of Lucas’ home violated the Fourth Amendment of the Constitution, which prohibits illegal searches and seizures. As a result, the evidence against Lucas—not only the cash, but also 105 grams of crack cocaine, cutting agents, drug paraphernalia and packaging materials, and a loaded handgun—was suppressed. With no admissible evidence to prove Lucas’ guilt, prosecutors had to abandon the charges against him.

Rosenberg explains in an interview that Baltimore police “stopped the car without probable cause,” and “after they made the arrest, they somehow got a search warrant for Lucas’ house, but there were things in the warrant that were not true. In my opinion, there were credibility issues, and that’s why we won, and the case was dropped.”

After the criminal case against Lucas came to a halt—as did, according to online court records, state-level forfeiture cases seeking to keep three of Lucas’ vehicles—state prosecutors “took no steps to forfeit the seized currency,” Bennett’s ruling explains, but instead “forwarded the currency to the Drug Enforcement Administration.” Assistant U.S. Attorney Stefan Cassella filed a forfeiture case against the cash last August, asserting the U.S. government’s right to keep it as criminally derived assets—a move that, in essence, sought to bring the suppressed evidence against Lucas back to life in civil rather than criminal court.  

Cassella’s initial forfeiture filing made no mention of Williams’ ruling that the cash had been seized illegally. But Lucas’ civil attorney, Brian Murphy, raised the issue in a motion for summary judgment filed in February, arguing that the federal government has no right to relitigate the issue. Cassella countered that since the federal government was not a party to the prior proceedings before Williams, it should be allowed to pursue forfeiture of the cash as criminally derived assets.

Bennett sided with Murphy, ruling that “the United States is in privity with the State of Maryland on this issue,” meaning it is asserting “precisely the same legal right in respect to the subject matter involved.” Therefore, he ruled, “no genuine dispute remains that the evidence in this case was unlawfully seized,” so “the illegally seized currency must be excluded from this forfeiture proceeding” and “this Court will grant summary judgment as a matter of law in favor of [Lucas] as to ownership of the currency.”

“We tried to settle the case,” Rosenberg says, “but Cassella would have none of it.” Murphy adds that Cassella “is a good lawyer,” but “you’ve got to pick your cases wisely,” and says “the government can always file an appeal, but I hope they don’t. I think they would be picking the wrong case to appeal.”

Lucas, meanwhile, said in court documents that the money was obtained legally. The $4,500 “found in my vehicle upon my arrest was the proceeds of the sale of a 2000 Volkswagen Jetta” that he had “sold to a co-worker,” who “had paid me . . . shortly before I was arrested.” The money “found in the safe in my house,” meanwhile, “was essentially working capital for and profits from my side occupations—the buying and selling of cars and the buying and selling of properties that I renovate.” Lucas, who explained that he works as “a quality control inspector at Elite Spice in Jessup,” where he has worked “for many years,” stated that “the original source of much of the working capital for these side occupations was the proceeds of the sale of a house that I and a partner bought, renovated, and resold in 2007 for a profit of approximately $126,000.”

Once Lucas gets his cash back, courtesy of Bennett’s ruling, his working capital will be replenished—partially anyhow, given the expense of fighting the government in court. Despite the financial hit, though, he can rest on the laurels of having beaten prosecutors in two courts—and perhaps having sent a message to Baltimore police to keep their cases clean and credible.

by Van Smith

Published in City Paper, Aug. 12, 2014

Baltimore media erupted with coverage of a police-involved shooting in West Baltimore on April 22, 2013 that left one man dead and two injured. The two men who survived the cops’ barrage of bullets—23-year-olds Guy Jackson and Rickey Dixon—are charged in an attempted-murder conspiracy involving firearms and a stolen vehicle, and are scheduled to go to trial in September. But Jackson has already won a victory of sorts: He had sued the Baltimore Police Department (BPD) and several officers over the incident and subsequent events, and a federal judge recently ruled against BPD, saying some of Jackson’s claims can move forward.  

While senior U.S. District judge William Nickerson dismissed counts arising from the police shooting Jackson, he allowed claims involving a homicide detective’s allegedly unconstitutional seizure of Jackson from Maryland Shock Trauma, where he was recovering from multiple bullet wounds. The detective, Julian Min, allegedly told Shock Trauma doctors that he was taking Jackson to the Baltimore City Jail’s medical facility—despite their advice not to do so—but instead took the patient to police headquarters to interrogate him, and then put him out on the streets. Jackson, with a bullet hole in his face and a feeding tube protruding from stomach, was wearing a hospital gown, and family members eventually returned him to medical care. 

Although Jackson’s “claim is perhaps an unusual factual scenario,” Nickerson wrote in his ruling, “there is no question that Plaintiff was seized,” and Jackson “adequately pleaded that the seizure was unreasonable under the circumstances, particularly considering the alleged deception used by Detective Min and the medical concerns of Plaintiff’s doctors at Shock Trauma.”

On Aug. 6, Nickerson ordered that Jackson’s claims against Min be litigated first and separately from those against the BPD, which Jackson seeks to hold liable as Min’s supervisor. The surviving counts seek $1 million from Min and the BPD.

Michael Marshall and Chaz Romero Ball, who represent Min, and Dorrell Brooks, who represents the BPD, did not respond to City Paper’s effort to reach them for comment, but Jackson’s civil attorney, Joshua Insley, spoke openly about the matter.

“What they did,” Insley says, “is patently illegal. Under false pretenses they deprived Jackson of medical care and interrogated him because they wanted information about a third party, under color of legal authority. I use the word ‘torture’ to describe what was done because, we think, this meets the United Nations’ and the federal government’s definition of torture.”  

The circumstances leading up to Jackson’s treatment at Shock Trauma are described in the lawsuit and reiterated in Nickerson’s ruling. Jackson claims that he was on Winchester Street in West Baltimore when he was approached by two men, Larry Hooker and Rickey Dixon, who “brandished handguns” and ordered him to get into a car with them and “drive the vehicle” to North Dukeland Street and Edmondson Avenue, according to the ruling. Once there, Hooker and Dixon ordered Jackson to stay in the car “while they exited and confronted two unknown individuals outside,” and “shots were fired.” Then, as Hooker and Dixon started to get back in the car, BPD officers Lester Manuyag and Alejandro Pena arrived and “began discharging their weapons” into the car, striking Jackson “in the arms, body, and head.” The police shooting also resulted in injuries to Dixon and the death of Hooker, according to media accounts of the incident.

Insley says Jackson “is not a gangster, he’s just a regular kid from the ghetto” who was “walking through an alley, when he’s accosted by two men who he knows by reputation—they are gangsters—in a stolen car, and they pull out guns and order him to drive.” After the shooting and before Min’s hospital visit, law enforcers “realized that Mr. Jackson was pressed into service,” Insley asserts, and so they wanted to talk to him. But Jacksons’ “mouth is wired shut,” Insley continues, so the interrogation involved Jackson having to write down his responses to questions, and the police “humiliated him, they were laughing at him.” Prosecutors, Insley says, told him they are “not going to use those statements” obtained from the interrogation, and “they didn’t want to nail Guy Jackson,” but instead “are trying to get him to be a witness” against Dixon.

Jackson’s criminal attorney, Granville Templeton, says his client “is still incarcerated and charged with a crime that I think the state’s attorney knows he did not commit. They know he didn’t shoot anybody. And there are no victims—there are ‘John Doe’ victims in this case, who have not come forth.” He adds that Jackson, when he was shot by the officers, “thought he was going to die, and now he’s charged. It’s just a terrible situation. I want the charges dropped, and if not, we’re going to get a not-guilty [verdict] before a jury.”

Min has not been disciplined as a result of his alleged handling of Jackson, says Insley, and online court records show that Min continues to be involved in the prosecution of numerous ongoing criminal cases, including murder charges. This prompts Insley to emphasize the BPD’s culpability in Min’s alleged misconduct: “They know what he does and they condone what he does,” he says, “because actions speak louder than words. This is at least the second time Min’s gone rogue on them, and they allow it.” The first time—a young man was detained for seven months on false attempted-murder charges, partly based on Min’s word—resulted in a lawsuit that the city settled for $150,000 about a month before Min’s alleged dealings with Jackson, according to an article in the Baltimore Brew about the city approving funds for paying out the settlement.

Nickerson set a schedule for litigating the case against Min, with pretrial motions due by Jan. 20, without setting a trial date.