Date: 06-01-2015

Case Style: State of Oklahoma ex rel. Tim Harris, DA v. 2000 Chevrolet and One Thousand One Hundred and Fifty Two Dollars ($1,152.00)

Case Number: CV-2013-1296

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: James Dunn

Defendant's Attorney: Larry Edwards for Princess Greene

James Linger for Ricardo Collins

Description: Tulsa, OK - The State of Oklahoma ex rel. Tim Harris, DA sued 2000 Chevrolet and One Thousand One Hundred and Fifty Two Dollars ($1,152.00) on a forfeiture theory claiming:

You are hereby notified that the State of Oklahoma has seized and intends to forfeit
the following described property, to-wit:
2000 CHEVROLET,
VIN: IGNECI3TIYJIO7743, TAG: 2013 OK 571 GFZ,
which was on or about the 9TH day of September, 2013, in Tulsa County, State of
Oklahoma, used or intended to be used to transport or conceal, or facilitate the transportation for the purpose of sale or receipt of a regulated controlled dangerous substance, or in which a controlled dangerous substance was unlawfully possessed by an occupant thereof, and in which vehicle said drug was unlawfully kept, deposited or concealed or unlawfully possessed by an occupant thereof.
You are hereby notified that the State of Oklahoma has seized and intends to forfeit the following described property, to-wit:
ONE THOUSAND ONE HUNDRED AND FIFTY-TWO DOLLARS, ($1,152.00),
which was, on or about the 9TH day of September, 2013, in Tulsa County, State of Oklahoma, was either:
(1) used or intended to be used, to facilitate a violation of the Uniform Controlled Dangerous Substances Act, or;
(2) furnished or intended to be furnished, in exchange for a controlled dangerous substance or was proceeds traceable to such an exchange, or;
(3) found in close proximity to forfeitable substances, to forfeitable drug manufacturing or distribution paraphernalia or to forfeitable records of the importation, manufacture, or distribution of forfeitable substances.
The owner, claimant or other party in interest may file a verified answer and claim to said property within forty-five (45) days after the mailing or publication of this notice, after which time the State of Oklahoma will move the Court for an Order of Forfeiture for said property, pursuant to the provisions of 63 OS. § 2-501 .

ANSWER TO NOTICE OF
SEIZURE AND FORFEITURE
COMES NOW the claimant, Princess Greene, by and though her attomeof
record, Larry R Edwards, and does hereby claim an interest in the following property, to-wit:
SIX HUNDRED AND FIFTY-TWO DOLLARS ($652.00)
AND
2000 CHEVOLET
VIN: 1GNEC13T1YJ1O7743
TAG: 2013 OK 571 GFZ
now being held by the State of Oklahoma, for the following reasons:
1. That said property was not used or intended to be used to facilitate a violation of the Uniform Controlled Dangerous Substances Act.
2. That said property was not furnished or intended to be furnished, in exchange for a controlled substance, not were the proceeds traceable to such an exchange.
3. Said property was not found in close proximity to forfeitable substances, to forfeitable drug manufacturing or distribution, paraphernalia or to records of the importation, manufacture, or distribution of forfeitable substances.
4. Said property was wrongfully taken from claimant without due process of law and lawful demand for said property has been tendered.
5. Said Claimant, Princess Greene was charged in CF 13-4528 with a criminal offense arising out of this same incident.
WHEREFORE, these premises considered, Claimant, Princess Greene prays that this Honorable Court release said property to him and award him attorney fees and costs, and stay this matter until the criminal proceeding in CF 13-4528 are resolved, and any and all relief the Court deems just and proper.

Outcome: FINAL AGREED ORDER FORFEITING IN PART AND REMITTING IN PART

NOW on this 22nd day of June 2015, this matter comes on for
consideration pursuant to Notice of Seizure and Forfeiture filed by Plaintiff, State of Oklahoma. The State is present and represented by James Dunn, Assistant District Attorney. Claimant, Princess Greene appears by and through her attorney of record, Larry Edwards. Claimant, Ricardo Collins appears by and through her attorney of record, James Linger. Claimant, World Acceptance Corporation, appears not nor have they filed an Answer in the case. The Court, after reviewing the statements of Counsel in this matter, makes the following findings:

I. On, November 1, 2013, a copy of the Notice of Siezure and Forfeiture was sent by certified mail to the Claimants at their last known address. The Notice sent to Claimant Princess Greene, was received by, Princess Greene. The Notice sent to Claimant Ricardo Collins, was received by, unknown. The Notice sent to World Acceptance Corporation, was received by, unknown. Considering Claimant World Acceptance Corporation has not filed an answer the actual basis for the Seizure and Forfeiture in this case is set out in the Aflidavit, which is attached hereto as Exhibit “A”.
2. On November 7, 2013, an Answer was filed on behalf of Claimant Ricardo Collins, by and through his attorney, James Linger. On November 13, 2013, an Answer was filed on behalf of Claimant Princess Greene, by and through her attorney, Larry Edwards. On August 4,2014, an order setting hearing was filed and the case was set on September 18, 2014. On September 18, 2014, the case was passed to April 1, 2015. On April 1, 2015 the ease was passed to June 1, 2015.
3. The parties have agreed to stipulate that the court could find by a preponderance of the evidence that the Defendant ONE (1) 2000 CHEVROLET, YIN: 1GNEC13T1YJIO7743, TAG: 2013 OK 571 GFZ, was used or intended to be used to transport or conceal, or facilitate the transportation for the purpose of sale or receipt of a regulated controlled dangerous substance, and therefore, pursuant to 63 O.S. § 2-501 et. çq., should be forfeited to the Plaintiff, State of Oklahoma.
4. The parties have further agreed to stipulate that the Court could find by a preponderance of the evidence that the Defendant remaining SIX HUNDRED AND FIFTY-TWO DOLLARS, ($652.00) was money that was not furnished or intended to be furnished in exchange for a controlled dangerous substance and therefore, should be released to Claimant Princess Greene and/or her attorney, Lany Edwards.
5. The parties have further agreed to stipulate that the Court could find by a preponderance of the evidence that the Defendant remaining FIVE HUNDRED DOLLARS, ($500.00) was money that was not furnished or intended to be furnished in exchange for a controlled dangerous substance and therefore, should be released to Claimant Ricardo Collins andlor his attorney, James Linger.
6. The parties have further agreed to stipulate that the Court could further find by a preponderance of the evidence that the Defendant ONE (1) 2000 CHEVROLET, VIN:. 1GNEC13T1YJ1O7743, TAG: 2013 OK 571 GFZ, were used or intended to be used to facilitate in the distribution ofcontrolled dangerous substances, or were purchased with proceeds, and therefore, pursuant to 63 U.S. 2-501 et cq., should be forfeited to the Plaintiff, State of Oklahoma.
IT IS THEREFORE THE ORDER OF THE COURT that the Defendant 2007 TOYOTA, VIN: 5TFRV54147X023744, TAG: 2011 OK 949-FMU, is and shall be forfeited to the Plaintiff, State of Oklahoma. Pursuant to 63 § 2-501 et. çq., the Court orders said vehicle shall be retained by the seizing agency, the TULSA COUNTY SHERIFF’S OFFICE, for its official use. In the event the seizing agency can no longer use said vehicle, the Court orders the vehicle be sold, under Judgment, as on sale upon execution, and place the proceeds in the revolving fund maintained by the office of the District Attorney for the purpose of enforcing the laws concerning controlled dangerous substances.
IT IS THEREFORE THE FURTHER ORDER OF THE COURT that the Defendant SIX HUNDRED AND FIFTY-TWO DOLLARS, ($652.00), is and shall be released to Claimant, Princess Greene and/or her attorney, Larry Edwards.
IT IS THEREFORE THE FURTHER ORDER OF THE COURT that the Defendant FIVE HUNDRED DOLLARS, ($500.00), is and shall be released to Claimant, Ricardo Collins and/or his attorney, James Linger.

Plaintiff's Experts:

Defendant's Experts:

Comments: