2017-06-14 / Police

Extradition for Felony Drug Sale Charge Costly to Taxpayers

By Lillian Browne

Evan M. Oliver Evan M. Oliver DELHI - A Leesburg, Fla., man was transported by two Delaware County Sheriff’s Deputies from Florida to Delaware County, to be prosecuted for felony drug charges, at an expense to Delaware County taxpayers.

Evan M. Oliver, 43, was arrested on May 4 by Florida deputies while in jail in that state, on a warrant issued by Delaware County Court on a sealed indictment accusing him of selling cocaine and marijuana in Sidney and Colchester, respectively, as well as conspiring to sell the drugs.

He is charged with two counts of second-degree criminal sale of a controlled substance, two counts of second-degree conspiracy and one count of third-degree criminal sale of marijuana; three class A felonies, two class B felonies and one class E felony.

Oliver is accused of conspiring with Douglas C. James and Karen D. James, both 57, of Downsville, from his Florida home to sell marijuana and cocaine on several occasions during December 2016.

Oliver was being detained in Florida for violating the conditions of a state of California probation sentence for transporting marijuana.

Delaware County District Attorney John Hubbard directed the Delaware County Sheriff’s deputies to pick up Oliver from the Florida jail and return him to Delaware County to be prosecuted. The deputies, according to Undersheriff Craig DuMond, flew commercially and rented a vehicle, at taxpayer expense, to bring Oliver back to Delaware County.

Deputy costs, including wages and expenses for the trip were $2,395.24. Total travel expenses, which include airline expenses, car rental and meals were $2,112.19 for a total cost of $4,507.43.

Delaware County taxpayers will pay that bill via the approved 2017 budget for the Delaware County District Attorney’s Office. Hubbard said he decided to extradite Oliver based upon the seriousness of the charges.

If there is a conviction, a guilty plea or if a jury finds Oliver guilty of the charges, the District Attorney can request that Oliver be ordered to reimburse the county for those expenses through a restitution order.

Restitution orders, Hubbard explained, are typically filed as civil judgments or liens against any property the judgment debtor (Oliver) may own in Delaware County.

Hubbard could not comment on the likelihood of the county recouping those costs.

Oliver was arraigned in Delaware County Court before County Court Judge Richard D. Northrup Jr., on May 5 on the sealed indictment. He appeared for an arraignment with court appointed attorney Paul Madison on June 9, where he entered a not guilty plea to the charges.

Oliver remains at the Delaware County Jail, without bail, awaiting further court proceedings.

Douglas C. James and Karen D. James were arraigned on charges of third-degree criminal possession of a controlled substance and second-degree criminal possession of marijuana on Feb. 2 in Delaware County Court, to which they entered not guilty pleas.

The couple are in custody in the Delaware County Jail on $25,000 and $50,000 bail.

In response to the Oliver arrest, DuMond issued a press release saying, “These drug and conspiracy charges should serve as a clear and convincing warning to drug dealers that the Delaware County Sheriff’s Office will actively pursue and collaborate with our law enforcement partners across the nation to bring to justice those that conspire, direct and operate their drug distribution networks in our communities from what they believe to be the safety and security afforded by their out-of-county and out-of-state lairs.”

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