The
grass is seldom greener or heavier
by
Mike Kroll
On Wednesday, July 12th Galesburg Police accompanied a
United States Marshal in the arrest of Ernesto C. Ponce on a Federal warrant
and in the process stumbled upon perhaps the largest amount of marijuana ceased
in a singe Galesburg arrest. Ponce was arrested in possession of approximately
2,000 grams or about seven pounds of cannabis according Galesburg Police
Lieutenant Dave Clague. Some have speculated that Ponce may well be one of the
bigger drug fish apprehended in Galesburg.
ÒThe Marshals contacted us for help apprehending Ponce
for three reasons. First, it is custom and courtesy to contact a local agency
when you will be operating within their jurisdiction. Second, as the local
agency we are more familiar with Galesburg and well prepared to provide
tactical assistance and backup to the Marshals. And finally, due to a quirk in
Federal law there are limitations on how a Marshal can react if he or she
discovers an unrelated illegal activity during the course of an arrest. Our
officers have greater latitude in that respect and it paid off here. When they
entered Ponce's 185 Phillips Street residence they observed some of the
marijuana in plain sight.Ó
Ponce was wanted by the Marshal's service for violation
of his supervised release following a previous arrest in Chicago for possession
of cocaine with intent to deliver. A condition of his supervised release
pending Federal trial was regular urine screening for drug use and Ponce failed
one of those urine tests. According to Clague, this Chicago arrest was Ponce's
second Federal drug offense. Ponce had previously been arrested right here in
Galesburg as part of the Iron Eagle joint Federal-local drug enforcement task
force during the 1980s. He was convicted at that time for cocaine violations
and did Federal time.
ÒHe had really fallen off our radar since that Iron
Eagle arrest. We were unaware of his return to Galesburg and reinvolvement with
local drug trafficking. If he had been active in street transactions our
officers would have been aware of him so that suggests he was operating at a
higher level. When our officers asked for permission to search his residence
upon seeing traces of marijuana as they entered Ponce voluntarily consented to
such a search. During that search we found the marijuana packaged in a variety
of sized plastic bags ranging in size from one ounce to a pound plus a large
quantity of empty plastic bags of various sizes and approximately ten grams of
cocaine. We also found a pound scale and a scientific gram scale typically used
to package drugs for resale. To us this is clear evidence of intent to
distribute the marijuana.Ó
Ponce was arrested on the Federal warrant and
additionally charged in Knox County with possession of cannabis with intent to
deliver, possession of a controlled substance (cocaine) 1-15 grams with intent
to deliver as Illinois offenses. He is presently being held in the Knox County
Jail without bond awaiting court appearances on state and Federal charges.
ÒIt isn't yet clear how these charges will be
prosecuted,Ó added Clague. ÒThe Federal penalties are much, much greater than
state time and as this would likely be Ponce's third Federal drug offense he
could well be facing life in a Federal prison if all the charges are transfered
to Federal jurisdiction.Ó
07/20/06