# 1999 Tulia drug arrests

A total of 47 individuals, the majority of whom were African American, were arrested in 1999 in Tulia, Texas on charges of cocaine dealing as a result of an undercover operation carried out by agent Tom Coleman. Coleman's testimony was crucial in the convictions of 38 of the 47. Years later, 35 of the 38 incarcerated were pardoned by Texas governor Rick Perry.
What ensued was a media frenzy that was widely covered by national media outlets such as The New York Times, 60 Minutes, People, and A&E Networks.

## Pretense

In 1994, as part of the United States' war on drugs, President Bill Clinton signed into law the Violent Crime Control and Law Enforcement Act. The first draft of the congressional bill was written by then-Senator Joe Biden of Delaware in cooperation with the National Association of Police Organizations and was sponsored by U.S. Representative Jack Brooks of Texas.
Nationwide, states received 100,000 new police officers, $9.7 billion in funding for prisons, and $6.1 billion in funding for prevention programs. In Tulia and small towns alike, task forces received funding for each arrest and conviction they made, which could be used as they pleased the following year.

## Undercover operation

Using the alias T. J. Dawson, Agent Tom Coleman went undercover for 18 months, posing as a buyer who needed to purchase cocaine for his girlfriend. Coleman worked for the Panhandle Regional Narcotics Trafficking Task Force. He was hired by Sheriff Larry Stewart of Swisher County, Texas, in 1998, operating out of Amarillo.
On the morning of July 23, 1999, the Swisher County Sheriff's Department, in cooperation with local authorities, conducted a collective apprehension and arrest of 47 citizens in Tulia, Texas. Thirty-eight of the arrested were African American, which amounted to approximately 10 to 20 percent of Tulia's African American population.
After the highly publicized drug arrests in Tulia, Coleman was honored as Officer of the Year in Texas. He was photographed with John Cornyn, who was then the Texas Attorney General and later a U.S. Senator.

## Convictions

During his undercover operation in Tulia, Tom Coleman claimed to have purchased at least 117 illegal narcotics from 47 different defendants. Except for 21 defendants who were charged with the first-degree felony of selling drugs to Coleman within 1,000 feet (300 m) of a school or park, all other defendants were charged with second-degree felonies for the purchases made between February 1998 and July 1999.
This was in spite of Coleman not supplying any recorded materials, such as audio or videotape, or corroboration by second officers. There were also no drugs or weapons found in the initial raid. Coleman frequently wrote brief reports that included very little information about the defendants. He also identified suspects incorrectly in a few instances, resulting in dismissal of cases.

## Pardons

Sparked by a letter written by Gary Gardner, who was distraught by the lack of evidence, to District Judge Ed Self, Amarillo civil rights attorney Jeff Blackburn began investigating the Tulia defendants' cases, along with Vanita Gupta from the NAACP Legal Defense and Educational Fund and a handful of attorneys from firms around the country. Eventually, the case became a cause célèbre, and money was raised to legally challenge the cases. Many had already served several years in prison before this process gained momentum. By 2004, Blackburn and his team had freed most of the accused and a $6,000,000 collective settlement was reached to avoid further litigation in civil court.
Of the 47 original defendants, Texas governor Rick Perry pardoned 35 of them. Nine of the twelve defendants who were still on this list either had their charges dropped before they went to trial or were put on deferred adjudication, meaning that they were not found guilty in the end. Since the tenth defendant was underage when he committed the offense, the conviction was not recorded on his adult record. When the two remaining were apprehended in the Coleman sting, they were already on probation for a different offense; this probation was canceled, and they were sent to jail. The Coleman charges never resulted in their conviction.

### Accused

The names of the defendants, their race, age at the time of arrest, and whether they were pardoned are shown below.
One through twenty-four :
| # | Name | Race | Age | Pardoned |
| 1 | Dennis Mitchell Allen | African American | 34 | Yes |
| 2 | James Ray Barrow | African American | 31 | Yes |
| 3 | Landis Barrow | African American | 22 | No |
| 4 | Leroy Barrow | African American | 59 | Yes |
| 5 | Mandis Charles Barrow | African American | 22 | No |
| 6 | Troy Benard | African American | 29 | Yes |
| 7 | Zury Bossett | African American | 20 | No |
| 8 | Fred Wesley Brookins Jr. | African American | 24 | Yes |
| 9 | Yul Eugene Bryant | African American | 31 | No |
| 10 | Eddie Cardona | Hispanic | 41 | No |
| 11 | Marilyn Joyce Cooper | African American | 39 | Yes |
| 12 | Armenu Jerrod Ervin | African American | 19 | Yes |
| 13 | Michael Fowler | African American | 18 | Yes |
| 14 | Jason Paul Fry | African American | 25 | Yes |
| 15 | Vickie Fry | African American | 27 | Yes |
| 16 | Willie B . Hall | African American | 38 | Yes |
| 17 | Cleveland Joe Henderson Jr. | African American | 25 | Yes |
| 18 | Mandrell L. Henry | African American | 24 | Yes |
| 19 | Christopher Eugene Jackson | African American | 27 | Yes |
| 20 | Denise Kelly | African American | 29 | Yes |
| 21 | Etta Kelly | African American | 23 | No |
| 22 | Eliga Kelly Sr. | African American | 62 | Yes |
| 23 | Calvin Kent Klein | White | 22 | Yes |
| 24 | Minor | White | 16 | No |
One through twenty-four :
| # | Name | Race | Age | Pardoned |
| 25 | William Cash Love | White | 25 | Yes |
| 26 | Joseph Corey Marshall | African American | 23 | Yes |
| 27 | Laura Ann Mata | Hispanic | 23 | Yes |
| 28 | Vincent Dwight McCray | African American | 38 | Yes |
| 29 | Joe Welton Moore | African American | 58 | Yes |
| 30 | James Moreno | Hispanic | ? | No |
| 31 | Daniel G. Olivarez | Hispanic | 20 | Yes |
| 32 | Kenneth Ray Powell | African American | 40 | Yes |
| 33 | Benny Lee Robinson | African American | 24 | Yes |
| 34 | Finaye Shelton | African American | 25 | Yes |
| 35 | Donald Wayne Smith | African American | 31 | Yes |
| 36 | Lawanda Smith | African American | 25 | No |
| 37 | Yolanda Yvonne Smith | African American | 25 | Yes |
| 38 | Romona Lynn Strickland | African American | 26 | Yes |
| 39 | Timothy Wayne Towery | African American | 27 | Yes |
| 40 | Chandra Leah Van Cleave | White | 22 | No |
| 41 | Billy Don Wafer | African American | 42 | No |
| 42 | Kareem Abdul Jabbar White | African American | 24 | Yes |
| 43 | Kizzie R. White | African American | 23 | Yes |
| 44 | Tonya Michelle White | African American | 30 | No |
| 45 | Alberta Stell Williams | African American | 49 | Yes |
| 46 | Jason Jerome Williams | African American | 19 | Yes |
| 47 | Michelle Williams | African American | 30 | Yes |

## Conviction of Tom Coleman

In 2003, the state appointed two prosecutors to hold evidentiary hearings to determine if Coleman's testimony was the sole basis for conviction, and to find out if county officials withheld information from the defense.
On Friday, January 14, 2005, Coleman was convicted of perjury in the separate evidentiary hearing trial, not related to the original 47 defendants that he testified against. During the five-day trial held in Lubbock, Texas, one of the three counts was dropped, leaving two alleged instances of perjury. He was acquitted on one count and found guilty on the second count. Coleman was sentenced to 10 years probation with a $7500 fine. The 7th Court of Appeals of Texas in 2006 upheld the conviction.
Coleman could not be prosecuted for his testimony given during the trials of the drug defendants because the statute of limitations had expired.

## Drug Law Enforcement Evidentiary Standards Improvement Act of 2007

In the aftermath of the Tulia drug sting, the Drug Law Enforcement Evidentiary Standards Improvement Act of 2007 was twice introduced in the United States Congress, but not passed. It aimed to increase the evidentiary standard required to convict a person for a drug offense and to require screening of law enforcement officers or others acting under color of law participating in drug task forces.

## Media

The story was widely covered by national media outlets such as 60 Minutes and The New York Times.
   ...Coleman's methods [of law-enforcement] were the subject of investigative reports in dozens of media outlets, from The New York Times, to Court TV, to The Independent of London...
The first newspaper article that was published about the arrests was by Michael Garrett of the Tulia Sentinel titled "Tulia's Streets Cleared of Garbage". It was three years before the story went national.
Starting in 2002, Bob Herbert, a journalist for The New York Times, wrote eleven op-ed articles that played a significant role in spreading the Tulia story across the United States. He wrote articles such as "Kafka in Tulia" which exposed the racism that occurred in the community, and "Tulia's Shattered Lives" which depicted how the arrest affected the lives of the incarcerated.
The book Tulia: Race, Cocaine, and Corruption in a Small Texas Town by Nate Blakeslee was to be adapted into a film directed by John Singleton starring Billy Bob Thornton. Halle Berry was cast to play a lawyer in the film. Berry was to play an attorney for the NAACP Legal Defense and Educational Fund. The movie was never completed.