ROCKINGHAM — It took a jury only 20 minutes to find Kenneth Downey guilty on a list of drug charges, despite his defense attorney’s efforts to show reasonable doubt.
One of attorney Joey Davis’ main points was the unreliability of the state’s witness, Tammy Honeycutt.
Honeycutt was a confidential informant enlisted to make a controlled buy of crack cocaine from Downey in February 2013 for the Rockingham Police Department, according to court documents.
“This is not a case where the police used the C.I.,” Davis said. “This is a case where the C.I. used the police.”
Documents show that Honeycutt was “proven to be a reliable source of information on no less that six ongoing investigations that have led to multiple arrests and narcotic seizures.”
Davis said Honeycutt had a motive to help get her son out of legal trouble.
“She’s got a motive to lie,” he said.
Recalling Honeycutt’s testimony, Davis pointed out that the witness said she had seen boxes of stolen audio equipment in the home three hours before the raid — boxes that, if they were there, were not seized as evidence.
Downey also had a home surveillance system set up.
Detective G.C. Gillenwater testified on Wednesday that while officers seized the cameras, they did not take a monitor or check to see if anything had been recorded.
The defense attorney said that video, if it had been entered as evidence, could have shown what was in the residence at the time of the raid.
Davis later questioned why there was evidence that was labeled as being found in a storage unit, when Detective Creed Freeman testified earlier that day that nothing had been found.
“That is reasonable doubt,” he said. “That should raise grave questions about what’s going on here.”
While Downing was originally charged with possession with intent to sell or deliver marijuana, the jury found him guilty of a lesser, though still a felony, possession charge.
He was also convicted on one felony count each of possession with intent to sell or deliver cocaine, selling cocaine, delivering cocaine and maintaining a vehicle, dwelling or place for a controlled substance, as well as a misdemeanor charge of possession of drug paraphernalia.
Prior to being sentenced, Downey told Superior Court Judge James G. Bell that he was sorry to take up the court’s time and taxpayers’ money.
“I don’t think it’s right the way it was done,” he said. “I feel I was set up. We have to have some honor in this system.”
Downey, who refused to take a plea deal, continued, “I’ve got to keep my dignity. I had to fight for my freedom and citizenship.”
He was sentenced to 36 months of supervised probation and a seven-day split sentence, where he’ll have to spend seven days in jail.
Downey was also ordered to pay restitution — $600 to the state crime lab and $40 to the Rockingham Police Department vice/narcotics unit — and court costs.
Although he now lives in Rochester, New York, Downey will have to remain in North Carolina until he can pay a probation transfer fee.
He told the Daily Journal after the trial that he plans to appeal the conviction.
Reach reporter William R. Toler at 910-817-2675 and follow him on Twitter @William_r_Toler.