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.

Subscribe to the LIVE! Daily

The LIVE! Daily is the "newspaper to your email" for San Angelo. Each content-packed edition has weather, the popular Top of the Email opinion and rumor mill column, news around the state of Texas, news around west Texas, the latest news stories from San Angelo LIVE!, events, and the most recent obituaries. The bottom of the email contains the most recent rants and comments. The LIVE! daily is emailed 5 days per week. On Sundays, subscribers receive the West Texas Real Estate LIVE! email.

Required

Most Recent Videos

Comments

No matter how we may otherwise feel about the medicinal properties of Cannabis, the fact is that these people had an illegal substance (a lot of it) in their possession when busted. These diversion tactics of trying to focus attention on an informant are ridiculous, even for a lay person like me, who knows little to nothing of due process technicalities. The money found was “chump change” compared to the bail money these people put up. And the son arrested a short time later for “mischief”? Seems to me that reeks of full-blown disdain for authority! Rake their asses over the coals, and strip them of all they have acquired through illegal racketeering! Either that, or allow these devil’s advocates to provide a way of escape for them so they can continue with their enterprises. Reality check!

If I were this family of losers, I would want the search warrant suppressed too! But, that’s not the way the laws are supposed to work. You did the crime, so it’s time to do the time...LOSERS!!

Let me get this straight:
Cops get enough to get a warrant

Cops execute warrant and find what they were looking for

Now the CI is a liar?!

Miss me with that BS

This wanna be dispensary near a elementary was a pimple that needed to be popped. Everyone involved needs to just accept the charges and do the time.

Last time I checked having drugs near kids is not good.

SAPD did a great thing for the community!

Stop trying to pull some legal mess and take the ride you two bit, weird named, yee yee dope dealers!!

Defense attorneys are a fine breed. They just want a venue to argue law rather than admit their clients were in the wrong. They couldn't care less about the actual client, especially here in San Angelo. They're basically trying to get the Government handout.

Put them on an all Wal Mart rare hamburger diet for a few days. That'll teach em.... Not as punishment for the pot, but for those utterly ridiculous names.

I can say any one of you have 40 pounds of meth in your house, and you'd be okay with the swat team kicking your door in and putting guns in your faces? The fact is that if this person wasn't at the house, then the warrant was obtained on false information and the defendants walk. I'm very sorry that y'all aren't happy with the way the constitution works, however it's there to protect your rights, my rights, and the rights of every other citizen.

Post a comment to this article here:

X Close