2009-12-31 / Front Page

Marijuana and cash seized in Red Bank arrests

RED BANK — Five borough residents were arrested Dec. 15 and charged with narcotics related offenses as a result of a threemonth cooperative investigation by the Monmouth County Prosecutor’s Office and the Red Bank Police Department.

According to the Prosecutor’s Office, Whitmore Birch, 44, his mother Edna Birch, 64, Beverley Ayers, 40, Sammie Davis, 49, and Hamilton Dorsett, 32, all of Red Bank, were arrested by detectives from both agencies, who also seized a large quantity of marijuana and a substantial amount of cash.

The joint investigation began in October when Monmouth County law enforcement authorities received information that Whitmore Birch was responsible for allegedly distributing significant amounts of marijuana in the Red Bank area, a press release from the Prosecutor’s Office states.

On Dec. 15, a lawful search of a residence located on River Street in Red Bank, which was utilized by Whitmore Birch, Edna Birch, Davis and Ayers, resulted in the recovery of approximately 3 pounds of marijuana and approximately $70,000 in U.S. currency, according to the press release.

In addition, small quantities of cocaine were allegedly found on the persons of Whitmore Birch and Sammie Davis. Also seized during the search of the residence were numerous plastic baggies commonly used to package marijuana, as well as scales commonly used to weigh marijuana, according to the Prosecutor’s Office.

Whitmore Birch is charged with one count of third-degree possession of a controlled dangerous substance (marijuana) with intent to distribute; one count of thirddegree possession of a controlled dangerous substance (marijuana) with intent to distribute within 1,000 feet of school property; one count of fourth-degree possession of a controlled dangerous substance (marijuana); one count of third-degree possession of a controlled dangerous substance (cocaine); and one count of the disorderly persons offense of possession of drug paraphernalia.

Edna Birch is charged with one count of third-degree possession of a controlled dangerous substance (marijuana) with intent to distribute; one count of third- degree possession of a controlled dangerous substance (marijuana) with intent to distribute within 1,000 feet of school property; and one count of fourth-degree possession of a controlled dangerous substance (marijuana).

N.J. Superior Court Judge Paul A. Kapalko, sitting in Freehold, set bail for Whitmore Birch at $65,000 cash only and ordered that a bail source hearing must be held before Birch may post bail. He is being held at the Monmouth County Correctional Institution, Freehold Township, in lieu of bail. The remaining individuals who were arrested were issued summons complaints and released on their own recognizance.

Ayers and Dorsett are each charged with one count of third-degree possession of a controlled dangerous substance (marijuana) with intent to distribute; one count of thirddegree possession of a controlled dangerous substance (marijuana) with intent to distribute within 1,000 feet of school property; and one count of fourth- degree possession of a controlled dangerous substance (marijuana).

Davis is charged with one count of thirddegree possession of a controlled dangerous substance (cocaine); and one count of the disorderly persons offense of possession of under 50 grams of marijuana.

According to the Prosecutor’s Office, the investigation into the criminal activities of the five individuals is ongoing and anyone with information regarding criminal activity on the part of any of the individuals arrested as a result of the investigation is encouraged to contact Capt. Brian Rubino of the Prosecutor’s Office at 1-800-848- 0668.

If convicted, a third-degree crime carries a maximum potential custodial sentence of up to a five-year state prison term and a fourth-degree crime carries with it a maximum potential custodial term of up to 18 months.

Despite these charges every defendant is presumed innocent until found guilty beyond a reasonable doubt, following a trial at which the defendant has all of the trial rights guaranteed by the U. S. Constitution and state law.

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