NEWS

Court overturns Buncombe cocaine trafficking conviction

Clarke Morrison
cmorrison@citizen-times.com

ASHEVILLE – The N.C. Court of Appeals has overturned the conviction of a man caught driving a truck carrying 53 pounds of cocaine on Interstate 40 in Buncombe County.

There was no evidence that Edgar Ampelio-Villalvazo knew the drug was stashed in secret compartments in the tractor-trailer when it was pulled over on Sept. 4, 2011, the court said.

But the Appeals Court upheld cocaine trafficking convictions against the truck's owner, Eradio Velazquez-Perez, who was riding in the vehicle.

The two California men were each sentenced to at least 29 years in prison at the conclusion of a weeklong trial in November 2012 in Buncombe County Superior Court.

Authorities said the cocaine seizure was the largest ever in the county, with the drug having a street value of some $2.4 million.

Villalvazo, 33, and Perez, 37, were arrested during a traffic stop at a weigh station on I-40 in the western part of the county. An officer with a drug interdiction task force formed by the sheriffs of Buncombe and Henderson counties questioned the men after observing the truck traveling too fast on the ramp leading from the interstate to the station.

According to the Appeals Court ruling, the officer became suspicious because the suspects made contradictory statements and there were discrepancies in the truck's logbooks and other documentation.

The men gave permission to search the tractor and trailer, and the officer discovered several hidden compartments in the sleeper section of the vehicle containing 24 individually wrapped bricks of compressed cocaine and $5,000 in cash.

The Appeals Court said in its ruling that knowledge of the existence of the contraband was necessary to prove the cocaine trafficking and possession charges, and there wasn't sufficient evidence that Villalvazo had that.

"We note that not only was Villalvazo's control over the truck not exclusive, the owner of the truck was Perez, the co-driver," the court said. "The cocaine was secreted in hidden compartments that were not accessible to Villalvazo.

"Because the truck belonged to Perez, Perez was the one with the authority to cut open the truck, hide the cocaine and seal the compartments with sheet metal and upholstery."

None of Villalvazo's fingerprints were found in the compartments or on the packaging. While there was testimony that he acted nervously during the questioning, the court said that evidence wasn't compelling.

"Some degree of nervousness is common when a person is stopped and detained by law enforcement, even for minor traffic violations," according to the ruling.

Authorities said the truck was hauling diesel generators from California to Williamsburg, Va., but the destination of the cocaine was unknown.