Lawyers for Family Caught with 54 Pounds of Pot Want Search Warrant Thrown Out
SAN ANGELO, TX — The attorneys for a couple and their son who were allegedly caught with 54 pounds of marijuana across the street from Lamar Elementary school asked a judge Tuesday to suppress the search warrant that led to their arrest maintaining the confidential informant was a ‘liar’ and had never been to their house where the drugs were found.
Zzyzx Benjamin Anglin Sr., 39, Shelda Lynn Anglin, 42, and Zzyzx Benjamin Anglin Jr., 19, were arrested on May 3 at their residence on Schoolhouse Dr. across from Lamar Elementary. Police executed a search warrant at the residence based upon information from a confidential informant who said he had bought, sold and used marijuana with the Anglins in the home within the last 47 hours.
Police seized 54 pounds of hydroponic marijuana and $7,560.00 in cash and arrested the residents. They were charged with possession between 50 and 2,000 pounds of marijuana which is a second degree felony punishable by two to 20 years in prison and a fine of up to $10,000.
Each of the Anglins had their own attorney. Zzyzx Anglin Sr. is represented by Donald Flanary III; Mrs. Anglin is represented by Daniel Mahler; and Zzyzx Angelin Jr. is represented by Theodore ‘Tip’ Hargrove III.
The attorneys argued before District Judge Ben Woodward that the search warrant should be thrown out because the confidential informant who gave an affidavit to San Angelo Police was lying because he wasn’t at the house. They even put Mrs. Angelin on the witness stand and she testified that they had a video surveillance system at the residence and the confidential informant was not recorded on video when he said he was there.
Defense attorneys went as far as listing each individual seen on the video by name.
Flanary told Judge Woodward they know the confidential informant's name and he wanted the court to compel the District Attorney's office to identify the confidential informant so he can subpoena him.
Then assistant District Attorney Richard Villarreal called San Angelo Police Detective John Chappa to the stand. Chappa testified that the confidential informant was reliable and had been a source of information in the past and his identity needed to be kept confidential for his own safety.
Flanary, upon cross examination, said he would call the confidential informant to the stand and ask him if he was at the house. Hargrove said that introducing the video in this pretrial hearing was giving away part of their defense strategy. It shows that the defense plans on attempting to suppress the affidavit from the confidential informant and thereby suppressing the search warrant making the arrests and seizures illegal.
Villarreal told the judge the search warrant was legal and the offense was the Anglins being in possession of the 54 pounds of marijuana at the time of their arrest.
Judge Woodward took all the evidence and testimony into consideration and said he might view the surveillance video ‘in camera’, that is in private without either side present and then rule on the defense motion to suppress the evidence by Dec, 14. There is another pretrial hearing for the Anglins on Dec. 12.
Mr. and Mrs. Anglin posted $50,000 bond on May 5. Zzyzx Anglin Jr. posted $75,000 bond also on May 5. Since his release, Anglin Jr. has been arrested and charged with criminal mischief. The Anglins have a jury trial date of Jan. 22, 2019.