State of Missouri v. Samuel Lee Hines

Lexington, Missouri criminal defense lawyer represented the Defendant charged with drug trafficking.





On October 27, 2022, Samuel Hines was charged by second amended information with trafficking in the first degree and unlawful possession of a firearm. Count I stated:



[O]n or about December 9, 2021, in the County of Lafayette, State of Missouri, the defendant knowingly possessed fentanyl, a controlled substance, within a motor vehicle while traveling on the Interstate, and such conduct was a substantial step toward the commission of, and was done for the purpose of committing, the offense of trafficking in the first degree, by attempting to distribute, deliver or sell to unknown persons the controlled substance, and the amount of fentanyl was more than 20 milligrams.



The matter proceeded to a bench trial. The following evidence was presented:



On December 9, 2021, a highway patrol trooper ("Trooper") stopped a white Kia Optima for speeding. Trooper had received information from the federal Drug Enforcement Agency ("DEA") about a vehicle that could be approaching his location containing fentanyl. Trooper was informed that two people from Georgia, an older Black male in the passenger seat and a younger Black female was in the driver's seat, were traveling in an unknown white vehicle from Topeka, Kansas to his location.



When Trooper contacted the vehicle, he smelled a strong odor of air freshener coming from the vehicle. Trooper testified about the air freshener that "[i]t is common for individuals to use masking odors inside of vehicles. It can be an indicator of people trying to mask an illegal odor." Trooper described the driver and passenger as having "fearful expressions" on their faces. He testified:



Well, it was just they were both alarmed at my presence of being at the vehicle. And normally whenever I stop someone and it's just a traffic offense only and no other criminal activity is afoot, normally it's just a more relaxed - it's more relaxed body behavior from the individuals in the vehicle.



Trooper identified Hines as the passenger from his Georgia driver's license. The driver of the vehicle ("Driver") was also from Georgia and had rented the vehicle.



Trooper removed Driver from the vehicle and placed her in his patrol vehicle. Driver admitted to having marijuana in the vehicle. Driver also admitted to having a handgun in her purse. She stated she thought Hines also possessed a handgun.



After Driver admitted to having marijuana in the vehicle, Trooper requested that Hines hand the marijuana to Trooper, and Hines did so. During a probable cause search of the vehicle, Trooper found yellow kitchen gloves in the vehicle glove box, which he typically sees when dealing with dangerous substances. A Taurus handgun reported stolen from DeKalb County, Georgia was found between the passenger seat and passenger door, where Hines had recently occupied.



A plastic sack was found on the rear floorboard behind the passenger seat. A white hoodie matching Hines's pants was found in this sack along with white towels. Also within the plastic sack was a Kleenex box matching the DEA informant's description. Within the Kleenex box were three quart bags with small blue pills imprinted with M 30 on each side. Trooper testified this imprint was a common trend where an oxycodone pill press was hijacked and used to pass off fentanyl as counterfeit oxycodone and to transport non-powder fentanyl. Next to the Kleenex box was a brick-shaped

item wrapped in black electrical tape. This "kilogram" contained a white powdery substance. The powder wrapped in electrical tape as a brick weighed more than 20 milligrams and contained fentanyl.



Trooper testified that Hines told Trooper that he did not know about the kilogram of fentanyl beside the small blue pills. Hines told Trooper that he went to Denver, Colorado to purchase the blue pills which he thought were oxycodone. Trooper's testimony was Hines told him he purchased these blue pills because he has ten children in Georgia that he was trying to support. Trooper testified he learned from both Hines and Driver that Hines paid Driver $200 per day to take him to Denver pick up oxycodone so he could support the ten children he had in Georgia.



Hines also told Trooper he had a handgun in his pocket. Trooper testified that Hines told him he "thought about pulling the handgun out and shooting himself in the head[.....a]nd he told me that he heard a voice from God that told him not to do that."



The trial court found Hines guilty on both counts as charged. Hines was sentenced as a prior and persistent felony offender to a total of thirty years' imprisonment. This appeal follows.





State v. Hines, WD86284 (Mo. App. Nov 19, 2024)

Affirmed