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Crack cocaine, malnourished dogs among allegations

October 09, 2008|Michael Broihier

District Court Judge Bill Oliver found that the state had presented enough evidence Monday afternoon at a preliminary hearing to establish probable cause and referred the cases of Kelvin Alcorn of Stanford and Alando Chappell of Richmond to the grand jury. Alcorn and Chappell were arrested with six others on Sep. 21 after Sheriff Curt Folger and four deputies attempted to serve a bench warrant on Alcorn at 3 a.m.

Folger was on vacation and not in court Monday, but three deputies testified to the events that transpired when they tried to serve a warrant for failing to appear in court. According to testimony, eight people were in Alcorn's Hazlett Hollow Road single-wide trailer that Sunday morning, including a 17-year-old girl from Monticello, and Chappell's young son.

Alcorn's attorney, Cabell Francis, grilled Deputies Sim Thacker, Ryan Kirkpatrick and Chad Smith about what each had seen, taking several opportunities to point out what he said was conflicting testimony. For example, Thacker testified that nothing was found on or around Alcorn when he was handcuffed; Kirkpatrick testified that what appeared to be crack pipe was found on the ground where Alcorn had been cuffed.

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Francis also questioned law officers' contention that Alcorn fled the scene. Police allege that Alcorn jumped out a window, because they heard the sound of breaking glass, and when they encountered Alcorn behind his trailer, he had cuts on his arms and legs. Francis extracted the fact that none of the officers saw Alcorn flee the trailer and that Alcorn had complied immediately when they told him to get on the ground.

The sheriff and deputies collected paraphernalia with suspected cocaine residue inside the trailer, but none of it was in Alcorn's possession, according to testimony. Deputies found a large rock of suspected cocaine in the trailer, but Francis suggested that the drugs belonged to Chappell. Deputy Smith testified that when he entered the trailer he saw Chappell leaving the bathroom where the drugs were ultimately uncovered. Deputies also found Chappell's driver's license in the bathroom. One of the women who was arrested, Stella Wilson of Lancaster, had given a statement in the Lincoln County jail that the drugs belonged to Chappell, according to testimony.

Chappell, who is out on bond, appeared in court without a lawyer and sat next to Alcorn's lawyer at the defendant's table. Chappell did not avail himself of Judge Oliver's offer to question witnesses.

Another charge against Alcorn the court addressed was cruelty to animals. Deputies found a kennel on Alcorn's property with several pit bulls that deputies described as undernourished. One of the dogs was severely injured with cuts or bites to its face and legs. Francis argued that there was no evidence to prove the dogs were Alcorn's, but County Attorney Daryl Day contended that cruelty laws don't require the charged to be the animal's owner.

After Oliver referred the case on, Francis said Alcorn was the only one not out on bond and requested a bond reduction. Urging no such thing, Day countered with the fact that the original warrant stemmed from the fact that Alcorn had escaped the Lincoln County Jail Feb. 1, 2007 and posed a flight risk. Oliver had not ruled on that request Tuesday afternoon.

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