Convicted drug offender indicted again
Published 12:03 am Saturday, September 5, 2015
NATCHEZ — The man who received a mandatory 20-year sentence for drug charges two weeks ago has been indicted on similar charges again.
Willie Duck, 38, 1040 Old Harriston Road, Fayette, was convicted Aug. 19 of possession of schedule II controlled substance with intent to distribute. Because he was classified as a habitual offender — his previous convictions include robbery and drug possession — his sentence must be served without the possibility of reduction or early release.
But court documents made public this week show that an Adams County grand jury impanelled in August returned an indictment against Duck for possession of cocaine and possession of alprazolam even as he faced trial for prior charges.
The arrest on which Duck was indicted — along with another defendant, Kevin Johnson — was for possessing cocaine “the amount being more than two grams, but less than 10 grams,” and “more than two dosage units, but less than 10 dosage units” of alprazolam, the generic name for the prescription drug Xanax, on March 27.
District Attorney Ronnie Harper said the case was presented to the grand jury before the trial, and Duck still has the right of appeal on the 20-year sentence.
“We knew the trial was coming up, but as you can imagine we don’t have any guarantee of what the outcome is going to be, and as things develop we try to evaluate everything in totality,” he said.
The district attorney’s office will have to evaluate if the new case will be tried in light of Duck’s conviction, he said.
“In a case like this, we just review (what) the facts are in it, whether it is efficient to put the time, effort and expense into getting him back down here and doing that and if it would go toward the cause of seeking or receiving justice in that case,” Harper said.
Under the new indictment, Duck would still be subject to enhanced penalties.
Since his conviction, Duck’s attorney has called for an investigation of “possible mistreatment” of his client in the county jail. The sheriff said Duck was injured, but not seriously, after he fought with jailers.
Duck has since been moved to the Central Mississippi Correctional Facility as a Mississippi Department of Corrections prisoner.
Duck was one of three men charged in connection with the 2009 murder and attempted rape of Terry Farmer, whose body was found when police and firefighters responded to the apparent arson of her Shadow Lane residence.
The charges against Duck — accessory after the fact to murder, accessory after the fact to rape and accessory after the fact to arson — were dropped without prejudice because of insufficient evidence.
Duck was also charged in August 2010 in connection with the robbery of a man on Main Street. Duck was convicted and sentenced to seven years in prison in September 2011, court documents indicate, but was apparently later released.