Barrow v. State

Evidence that the cocaine, which the second defendant threw from the car the first defendant was driving, had a street value of approximately $2,500 was sufficient to show intent to distribute.

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A jury found Erick Barrow guilty of possessing cocaine with intent to distribute and attempting to elude a police officer. The same jury found his co-defendant, Elkanah Williams, guilty of possessing cocaine with intent to distribute. In Case Number A04A1429, Barrow appeals, and Williams appeals in Case Number A04A1430. Because both cases involve the same facts, we have consolidated them for review. For reasons that follow, we affirm. On appeal from a criminal conviction, a defendant no longer enjoys a presumption of innocence, and we view the evidence in a light most favorable to support the jury’s verdict.1 Viewed in this light, the evidence demonstrates that on April 16, 2002, Henry County Police Officer Kenneth Freeman was patrolling traffic on the interstate, and his police car was stopped in the median. While monitoring southbound traffic, Officer Freeman saw Barrow driving a gray Mustang with Williams sitting in the passenger seat. Immediately after passing the police car, the Mustang braked so quickly that the front of the car dipped, which made Officer Freeman think that Barrow might be driving under the influence.

Officer Freeman pulled into traffic behind the Mustang, and he saw the driver change lanes without using any turn signals. Officer Freeman activated his blue lights to stop the Mustang, but Barrow did not stop. Officer Freeman then turned on his siren, and Barrow still failed to stop. According to Officer Freeman, he could see Williams “making a lot of furtive movements.” Williams began throwing “white blocky substances” out of the car window. Officer Freeman noted various spots along the interstate where the substance landed, and he radioed Mark Amerman, another officer patrolling the same interstate, telling him that drugs were being discarded from a car being pursued. Barrow eventually exited the highway, and Officer Freeman saw Williams throw out “a bunch of bags and stuff,” which littered the exit ramp. Barrow finally stopped in a parking lot.

Barrow v. State

Evidence that the cocaine, which the second defendant threw from the car the first defendant was driving, had a street value of approximately $2,500 was sufficient to show intent to distribute.

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