Antonio Crawford v. Spokane Regional Safe Streets Task Force

CourtCourt of Appeals of Washington
DecidedSeptember 26, 2017
Docket34755-9
StatusUnpublished

This text of Antonio Crawford v. Spokane Regional Safe Streets Task Force (Antonio Crawford v. Spokane Regional Safe Streets Task Force) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Antonio Crawford v. Spokane Regional Safe Streets Task Force, (Wash. Ct. App. 2017).

Opinion

FILED SEPTEMBER 26, 2017 In the Office of the Clerk of Court WA State Court of Appeals, Division Ill

IN THE COURT OF APPEALS OF T~E STATE OF WASHINGTON DIVISION TijIREE

ANTONIO CRAWFORD, ) ) No. 34755-9-111 Appellant, ) ) v. ) ) SPOKANE REGIONAL SAFE STREETS ) UNPUBLISHED OPINION TASK FORCE, ) ) Respondent. )

SIDDOWAY, J. -Antonio Crawford appe,ls the superior court's refusal to reverse

a hearing examiner's decision ordering forfeitur~ under the Uniform Controlled

Substances Act, chapter 69.50 RCW, of over $8Q,OOO in United States currency from Mr. No. 34755-9-111 Crawford v. Spokane Reg'! Safe Streets Task Fore!

I Crawford's bank accounts and safe deposit boxes. !The Spokane Regional Safe Streets I

Task Force, which seized the currency, presented eridence that Mr. Crawford was

involved in extensive drug trafficking before the mrney was seized. Its forensic

accounting demonstrated that little of the seized m4ney could be explained by the !

legitimate sources of income and assets Mr. Crawffrd disclosed in discovery. Because !

this is substantial circumstantial evidence supporti1g the hearing examiner's findings, we

affirm. ,

FACTSANDPROCEDURA~BACKGROUND I I

After four days of hearings, Spokane Countt Hearing Examiner Michael C.

Dempsey, ordered forfeiture to the Spokane Regio1al Safe Streets Task Force of United

States currency seized in seven installments from tte person, bank accounts, or safe

deposit boxes of Antonio Crawford. 1 Administratiye Record (AR) at 59. The hearing I

examiner made extensive factual findings in his 42fpage,.single spaced findings, conclusions and order. Rather than obtain a transcfipt of the proceedings, Mr. Crawford

represents in his opening brief that the parties stipu~ated that the hearing examiner's I

recitation of the testimony was substantially accurte and they agreed to rely on his I

findings of fact as a complete and accurate summazy of the evidence. Br. of Appellant I I

1 It was the Spokane Regional Drug Task F~rce that actually seized Mr. Crawford's property; it was consolidated into the Spokane Regional Safe Streets Task Force during the course of the proceedings.

2 No. 34755-9-III Crawford v. Spokane Reg'/ Safe Streets Task Fore~ I

at 6. Those findings are the basis of the following ~istory of the Task Force I

investigation, the seizures, and the forfeiture procetding.

In May 2014, Lewis Pardun was arrested fo, shoplifting and possessing controlled

substances. In exchange for law enforcement's pr~mise to not pursue the charges against !

Mr. Pardun, he agreed to become a confidential in rmant for the Task Force. Mr.

Pardun informed Task Force members that he coul purchase controlled substances from

Mitch Lawler, whose source of supply for oxycod e was Mr. Crawford.

In June 2014, Task Force members asked 1· Pardun to set up a controlled buy

from Mr. Lawler. The buy was arranged to take pl ce at a Walmart store in Spokane

Valley. At around 2:35 p.m., while under surveill ce, Mr. Pardun drove to the store

with $870 of prerecorded buy money to purchase 3 oxycodone pills from Mr. Lawler.

A 2011 Chevrolet Impala owned by Mr. Crawford rulled into the parking lot and Mr.

Lawler got out on the front passenger side wearingla backpack. Mr. Lawler walked to !

Mr. Pardun's car, got in on the passenger side, got fut a few minutes later, and walked

into the Walmart store. Mr. Crawford then left his !Impala and walked into the Walmart

store. Surveillance video showed the two men ent1r the men's restroom. Both then left

the Walmart store separately, and Mr. Crawford dr~ve off in his Impala, alone. The pills I

Mr. Pardun purchased from Mr. Lawler were turne~ over to the Task Force and

confirmed to be oxycodone.

3 No. 34755-9-III Crawford v. Spokane Reg'! Safe Streets Task Fore~ !

I

Following the controlled buy, Task Force mfmbers interviewed Mr. Lawler, who i

admitted to being addicted to heroin and to illegalli selling drugs to support his habit. He

said his exclusive supplier of oxycodone was Mr. qrawford. Investigation by the Task

Force of Mr. Crawford's criminal history revealed trior felony convictions, including a

conviction for the sale of cocaine; a conviction for the manufacture, delivery, or ! I

possession with intent to sell controlled substances~ and a California conviction for I

transporting or selling narcotics or controlled subst~nces. I

In August 2014, the Task Force began surve~llance of Mr. Crawford's activities.

One incident at a Zip Trip store involved Mr. Crawjrord in his Impala along with two i

other vehicles and their occupants entering and exi,ing vehicles and making hand

exchanges, consistent with the illegal sale of contr lled substances.

Mr. Crawford was arrested on November 1 , 2014, for delivery of a controlled

substance based on his participation in Mr. Pardun1s controlled buy at the Walmart store I

in June. He had $1,000 cash in his front pants poc1et at the time of his arrest. The Task

Force at the same time obtained an order freezing ~fr. Crawford's 15 local bank and

credit union accounts. Also in November 2014, th~ Federal Bureau of Investigation I

subpoenaed records for the 15 accounts held by M~. Crawford at Spokane banking I

institutions.

Two months after Mr. Crawford's arrest, th4 Task Force seized $25,000.00 in cash ! i

from a safe deposit box rented by Mr. Crawford anr $54,948.17 in currency from several

4 No. 34755-9-III Crawford v. Spokane Reg'/ Safe Streets Task Fore~

bank and credit union accounts controlled by Mr. ~rawford. Mr. Crawford timely

notified the Task Force of his claim of ownership or right to possession to all property

seized in November 2014 and thereafter. The Spo~ane County sheriff appointed Mr.

Dempsey to act as a hearing examiner in the proce~ding for forfeiture of the currency.

In March 2015, the criminal case against 1· !i

Crawford went to trial. Mr. Lawler

testified that Mr. Crawford supplied him with the orycodone pills he sold to Mr. Pardun

in June 2014, and instructed Mr. Lawler to meet hit in the restroom after the deal to

avoid detection because there was no camera in the restroom. Mr. Pardun also testified at

Mr. Crawford's trial, consistent with what Task Fofce members had seen and been told I

by him in June. Despite this evid~nce, a jury acquired Mr. Crawford.

The forfeiture proceeding moved forward, +th the parties engaging in discovery. Among the subject matters inquired into by interrotatories served on Mr. Crawford and

to which he responded was his employment histoj and all sources of income or assets.

The Task Force also requested and obtained copiesl of his tax returns. i

Shakayla Delcambre testified at Mr. Crawf~d's forfeiture hearing. She testified I

that she had known Mr. Crawford for approximate~y two years and between May 2013

and August 2014 had made between 20 and 30 trip~ to California for him. On those trips, I

a man would pick her up from the airport, take her ~o a hotel, and give her blue i

oxycodone pills to conceal in a condom inside her pody. She testified that the amount I I i

5 No. 34755-9-III Crawford v. Spokane Reg'/ Safe Streets Task Force, I ! ' ' she carried would vary, but one time she carried 5, 00 pills. 2 Most of the time Mr.

Crawford would pick her up at the airport on her re um and take her to her house where

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