DA Investigates Citations Against Willie Nelson's Band Members

[User]

District Attorney Dewey Hudson says he wants to make sure last week's moonshine and marijuana bust of Willie Nelson's band members was above board.

Longtime Nelson bass player Dan Edward "Bee" Spears, 60, of Franklin, Tenn., and five other members of the band were cited with possession of non-tax-paid alcohol. Two of them were also cited with marijuana possession.

The citations came just minutes before the band was set to take the stage Jan. 28 at the Duplin County Events Center on Fairgrounds Drive in Kenansville. The performance was subsequently canceled.

Hudson said he is investigating whether N.C. Alcohol Law Enforcement agents applied selective prosecution in the situation.

"Selective prosecution is best described like this: Law enforcement can't set up a road block and let their friends through without checking them and then stop someone they don't know," Hudson said. He has been looking over reports from the ALE agents present during the incident and will more than likely interview the agent in charge.

The D.A.'s office has fielded several calls from Duplin County residents and from people all over southeastern North Carolina wanting to know why ALE agents charged Nelson's band members in Kenansville when similar actions go unnoticed at other larger venues across the state.

Grammy award-winning Nelson was not present in Kenansville when his band members were cited. The 76-year-old strummer had yet to arrive at the sold-out show.

Many in attendance that night said they felt the concert was canceled because of the band members' bust. Hudson, who was at the events center to see the show, said he understood everyone's frustration.

ALE agents allegedly smelled marijuana smoke coming from the band's van in the parking lot of the event center and wrote citations to, but did not take into custody, the band members, who were also not prevented from performing, said Ted Carlton, special agent in charge of ALE District III.

ALE is ready to cooperate with Hudson's investigation, he said.

Shortly after the concert was canceled, a notice on Nelson's Web site said Nelson's left hand was in pain and he could not play. Nelson did play the next night, Jan. 29, in Rome, Ga., but canceled a Jan. 30 show scheduled in Asheville. His Web site offered two reasons: first saying his hand was in pain again and later saying the show was canceled because of forecasted inclement weather.

Nelson's publicist, Elaine Schock, said Nelson's shows were canceled because his left hand hurt. The right-handed guitar-picker had carpal tunnel surgery on his left hand in 2004.

Schock would not discuss any other possible reason the two North Carolina shows were canceled, despite Nelson playing his guitar "Trigger" for a crowd of 3,000 in Georgia in between the canceled shows in Kenansville and Asheville.

In addition to Spears, ALE agent Kenny Simma also cited Robert Allen Lemons, 59, of Spicewood, Texas; Aaron William Foye, 32, of San Marcos, Texas; and Thomas Ray Hawkins, 54, of Atlantic City, N.J. for moonshine possession.

Kenneth Koepke, 52, of Burnet, Texas, and Dudley Bishop Prewitt, 59, of Spicewood, Texas, were cited for moonshine and marijuana possession.

The events center general manager, John Duane Vogt, 58, and his assistant, Donald Farrior, 50, both of Kenansville, were cited by ALE agents for trying to interfere with their investigation.

Vogt told The Daily News on Friday that he did not get in the way.

"In no way, shape or form did I interfere," he said.

Vogt said the ALE's actions have severely damaged Kenansville's businesses, which have been struggling to get visitors to come to the rural town.

"I understand law enforcement was doing their job," he said. "I just hope we can work out something where we can have a show without them arresting 70-year-old men for drinking beer in the grass and busting performers who don't even have enough marijuana to get arrested."

Hudson said Nelson's Nashville attorney, John Brown, has hired Sampson County lawyer Doug Parsons to represent the band members in court. Parsons has filed for discovery in the case, and the D.A.'s office has already turned over some records to the defense, Hudson said.

The next scheduled court date in the case is March 10.


NewsHawk: User: http://www.420magazine.com/
Source: Jacksonville Daily News (NC)
Copyright: 2010 Jacksonville Daily News
Contact: jdnletters@freedomenc.com
Website: Jacksonville Daily News
Author: Lindell Kay

[Ronjet44]

It's just more B S

[Weed420]

Tome for Willie to get off the porch and become more involved on these issues. If any of the band members had authorizations they're legal and people are allowed to make there own shine in some states. Just sounds like harrasment to me.

[honestone]

Willie Nelsons band members could not have had "authorizations" as there is no medical marijuana in North Carolina. If there were the tobacco farmers could save their farms. In the state of North Carolina it is illegal to make moonshine. My granddaddy was one of the biggest bootleggers in North Carolina. He went to court as he was charged. Later the Federal Government asked for my granddaddy's assistance in making gasohol. I got a jaywalking ticket. Was that harassment too? Was it harassment when my granddaddy was charged with making moon shine?

[greengo840]

Originally Posted by Weed420

Tome for Willie to get off the porch and become more involved on these issues. If any of the band members had authorizations they're legal and people are allowed to make there own shine in some states. Just sounds like harrasment to me.

I have seen Mr. Nelson participate in joint rolling contest as far back as 98 on the Howard Stern show. He has been on the cover of Hightimes smoking a joint. He is also one of the co-chairman of NORML whatever that means.

He has been a pro-pot guy since way before 1996 when the domestic support was not nearly as strong as it is today.

He did the right thing. The city authorities wanted to bend his camp over some, so he pulled his money out.

[bongomatic]

I think what willie is doin is the right thing, his buddys get busted in NC so he dont play there. Dont blame him or his band blame the state of NC and thier messed up law enforcement. Good job willie, if i were to go somewhere and get hassled for smokein weed i wouldnt wanna go back either. Willie has been a part of the marijuana scene for years and will be until the day he dies. God Bless Willie we love you !!!:g oodjob:

[bongomatic]

Originally Posted by honestone

Willie Nelsons band members could not have had "authorizations" as there is no medical marijuana in North Carolina. If there were the tobacco farmers could save their farms. In the state of North Carolina it is illegal to make moonshine. My granddaddy was one of the biggest bootleggers in North Carolina. He went to court as he was charged. Later the Federal Government asked for my granddaddy's assistance in making gasohol. I got a jaywalking ticket. Was that harassment too? Was it harassment when my granddaddy was charged with making moon shine?

You know I consider a Jay Walking ticket harrassment. Why does it matter where you cross the road its ur life. Wheres the freedom we are promised by the constitution? Same thing goes with seat belts, who cares if we wear em as long as we keep our kids in em it shouldnt matter what we as adults do. NC just sucks thats the fact. Glad I dont live there, glad I dont ever go there. I do know a guy who grows some good sour D outthere somewhere

[Slowpuffer]

Originally Posted by greengo840

I have seen Mr. Nelson participate in joint rolling contest as far back as 98 on the Howard Stern show. He has been on the cover of Hightimes smoking a joint. He is also one of the co-chairman of NORML whatever that means.

He has been a pro-pot guy since way before 1996 when the domestic support was not nearly as strong as it is today.

He did the right thing. The city authorities wanted to bend his camp over some, so he pulled his money out.

I surely agree with you, that Willie has never been bashful when it comes prohibitiion. There's only so much he can do, since he got into tax troubles. I think he's been basicly working for the goverment, since then. He can't exactly advertise for the relegalization of mj, in his position !! Although i suspect that 90 per cent of the folks that attend a Nelson concert, has took a tote or two. He would make one strong spokesman for our cause !! I'd like him to start staging benefit concerts for our cause !! Come on Willie ??

[dudemaster]

Well, sounds like Willie ain't gonna go where he ain't wanted.

If those folks in North Carolina don't want Willie busted for moonshine, they should repeal those worthless laws for Moonshine and invite him back.

If they don't want Willie busted for Marijuana, they should take the Marijuana laws off the books and invite him back.

Since both of those laws are still active laws and since Law Enforcement insists on busting Willie for those laws, then Willia ain't goin back to North Carolina and ya'll can just kiss his white ass.

In the meantime, you can listen to him on iTunes

Thank you.
Dallas / Ft. Worth NORML | Working to Reform Marijuana Law

[Weed420]

Would like to see Willie post a comment like that in the news. Just NC I ain't coming to play till shit changes. Me and my band smoke weed thats just the way it is.