District Attorney Micheal Murray reported that Wednesday, November 2, 2011 a Brown County jury sentenced Gustine resident Ivan Garay Lopez to serve 35 years in the penitentiary for Possession of a Controlled Substance with Intent to Deliver in a Drug Free Zone and 25 years in the penitentiary for Delivery of a Controlled Substance in a Drug Free Zone.
Lopez was on trial for his involvement in transporting large quantities of methamphetamine to Brown County. On Monday, October 31, 2011 Lopez pled guilty to both charges and made the decision to have a Brown County jury decide his punishment. First Assistant District Attorney Sam C. Moss, presented evidence that in 2011 Lopez began supplying methamphetamine to Antonia Killinger and Melissa Marshall, both of Brown County. Moss presented evidence that in the fall of 2010 Sergeant Shawn Dibrell, with the Early Police Department, began investigating Antonia Killenger and Melissa Marshall for the distribution of methamphetamine in Early and Brownwood. Sergent Dibrell utilized a confidential informant to purchase methamphetamine from Killenger at her home in Early. Through this investigation Dibrell was able to identify Lopez as the source supplying methamphetamine to Killenger.
On November 25, 2010, again utilizing the confidential informant, Dibrell was able to obtain video footage of Lopez arriving to Killenger’s home in Early for purposes of delivering methamphetamine. Dibrell continued to investigate Lopez and ultimately shut down the supplier on December 9, 2010. On December 9, Dibrell had Early Patrol officer Amanda Williams perform a traffic stop on Lopez’s vehicle as it turned near the Early Elementary School heading to Killenger’s home. Dibrell arrived at the traffic stop and spoke to Lopez about the investigation. Lopez denied involvement and declined Dibrell’s request to search the vehicle. Dibrell requested the assistance of a K-9 which positively alerted on Lopez’s vehicle. Dibrell and other officers searched the vehicle and discovered approximately 10 grams of methamphetamine. The methamphetamine was packaged in 27 individual baggies and hidden behind the stereo in Lopez’s vehicle. Lopez was arrested and interviewed by Sergeant Dibrell. Lopez admitted to delivering methamphetamine to Killenger and her boyfriend 14-15 times during a four month time frame. Moss presented evidence that this would total approximately 200 grams of methamphetamine Lopez was responsible for bringing to Brown County. Lopez further admitted to Dibrell that he had delivered approximately one kilogram or 2.2 pounds of methamphetamine during the four months he was actively involved in the distribution. Lopez would not identify who his supplier was, only revealing he would obtain the large quantities from persons in Waco, Temple, and Fort Worth.
Defense Attorney Judson Woodley presented evidence that Lopez had never before been convicted of a felony and asked the jury to consider probation for Lopez. Woodley argued that Lopez was only 19-20 years of age when he made these bad decisions. Woodley put on evidence that Lopez had never been arrested and had no criminal record prior to this incident. Moss argued that while Lopez may be eligible for probation he is not entitled to probation based on his level of narcotics distribution. Moss asked the jury to consider the large number of people who will ultimately have access to methamphetamine in our community because of drug dealers like Lopez.
After considering all the evidence, the jury handed down the 35 year and 25 year sentences for 20-year-old Lopez. These sentences will run concurrnetly according to the District Attorney’s office.
