Cedar Creek Pilot, Gun Barrel City, TX

Local News

December 16, 2009

Mabank man found guilty of drug-related charges

Special to the Cedar Creek Pilot

A Henderson County jury found Dylan Don Oliver, 29, of Mabank guilty of a state jail felony possession of a controlled substance charge in the 392nd District Court on Wednesday.

Oliver pled not guilty to the Nov. 27, 2008 charge which stemmed from a traffic stop for not wearing a seatbelt.

The jury heard testimony from Trooper Jose Gomez of the Texas Highway Patrol that he was patrolling State Highway 198 in Payne Springs when he passed Oliver’s car, and noticed he was not wearing a seatbelt.

Gomez turned his patrol car around, and pulled Oliver over at a gas station.

Gomez testified that as he approached Oliver’s vehicle, he could smell a strong odor of marijuana coming from the car. Gomez ordered Oliver out of the car and Oliver tried to run.

Gomez testified that he then grabbed and cuffed Oliver, and patted him down for officer safety where he found a syringe in Oliver’s pocket.

A further search of the car revealed additional methamphetamine and marijuana.

The jury got the opportunity to see the Trooper’s in-car video which showed the whole altercation on tape. The jury also heard from the DPS chemist that testified that the weight of the methamphetamine was .13 grams.

During his testimony, Oliver first claimed that it was not him in the tape, but it was someone that looked just like him.

However, when Assistant District Attorney Nancy Rumar asked him if it was him that was booked into jail, Oliver admitted it was him, and further admitted under cross examination that it was his methamphetamine.

After finding Oliver guilty, the jury sentenced him to two years in State Jail, which is the maximum amount of time allowed under the law for this charge.

There is no parole for State Jail, so Oliver will have to serve the entire amount of time.

This certainly is not the biggest meth case of the year, but it is definitely important,” said District Attorney Scott McKee. “They are all important, and sometimes we have to fight this war on meth one gram at a time.”

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