New details emerge in case against former W’burg police officer

New details emerged in federal court Wednesday morning about drug trafficking allegations against a former Williamsburg police officer, who was indicted last week along with six other Williamsburg residents.

Kenneth Bradley Nighbert, co-defendant Michael Scott Ball, and Demetrius Stringer, a Michigan drug dealer, who pleaded guilty last year to trying to traffic drugs in Whitley County in 2007, allegedly distributed over 10,000 Oxycontin 80-mg pills in Whitley County, Assistant U.S. Attorney William Samuel Dotson told U.S. Magistrate Judge Robert E. Wier during court hearings Wednesday.

Stringer supplied the drugs from Detroit and Ball was the one with the connection to Detroit "that got this ball rolling," Dotson said during the hearing.

Nighbert, 32, Larry Dan Harville, 30, Ball, 35, Branden Ray Sutton, 32, Shannon Lee Taylor, 28, Tina Elizabeth Davis, 31, all of Williamsburg, and a seventh person, whose named was redacted or blacked out in the publicly released copy of the indictment, were all indicted on March 25 for conspiring to distribute Oxycodone in Whitley County starting in December of 2005 and continuing through May 18, 2007.

Federal officials declined to say why the name of the seventh person was redacted in the indictment, which was made public and unsealed on April 1 following the arrest of the defendants.

Additionally, Harville, Ball, Sutton, and Davis were each charged within the indictment for various individual drug trafficking offenses ranging from distribution of pills containing Oxycodone to manufacturing marijuana.

If convicted, all seven face up to 20 years in prison, and three years of supervised release unless they have prior felony drug convictions, which bump the maximum penalties up to 30 years in prison and six years of supervised release.

Admitted roles

At least two of the defendants indicted with Nighbert have given police confessions, prosecutors said during detention hearings for the two men Wednesday morning in federal court.

On July 11, 2007, Sutton distributed pills containing Oxycodone in Whitley County, according to his indictment.

During a controlled buy, Sutton allegedly sold two Oxycontin pills to an undercover police officer, and afterwards gave police a statement that he had been involved with Nighbert, Ball and Stringer, Dotson said.

"He essentially admitted to all the conduct," Dotson noted.

When asked by Wier if he wanted to refute what Dotson said, Sutton’s attorney, Doug Benge, replied that he wished that he could.

On March 28, 2008, Ball distributed a quantity of pills containing buprenorphine, which is commonly sold under the name Suboxone, within 1,000 feet from the University of the Cumberlands, according to his indictment.

Ball allegedly sold 15 Suboxone to a police confidential informant during a controlled buy, and afterwards gave statements to police admitting his full involvement, Dotson told Wier.

At one time, Ball was taking Suboxone in an attempt to get off drugs, Benge said.

Wier ordered that both men continue to be held in custody until he reaches his decision about whether they will be released on bond pending their scheduled June 1 trial before U.S. District Judge Gregory VanTatenhove. The trial is expected to last 10 days.

Nighbert pleads not guilty

Wier could decide as early as Monday afternoon whether Nighbert should be held without bond pending his June 1 trial in U.S. District Court in London.

Nighbert’s court appointed attorney, Hunter Thomas Payne, entered a not guilty plea on his behalf during his arraignment Wednesday morning in federal court.

"At this time, we will be moving for detention," Dotson noted during the hearing.

Wier scheduled the hearing for 1 p.m. Monday, which was the earliest available date on his calendar besides Wednesday.

Nighbert, Ball and Sutton all appeared in court wearing green prison jumpsuits and handcuffs.

Nighbert’s father, former Williamsburg Mayor and Kentucky Transportation Cabinet Secretary Bill Nighbert, attended his son’s arraignment hearing Wednesday.

When asked if he had any comment on his son’s case, Bill Nighbert said only "that I have unconditional love for my son."

Other Nighbert charges

According to the indictment, on Feb. 11, 2006, Brad Nighbert (an officer at the time), and Harville allegedly burglarized a pharmacy in Williamsburg, and stole more than $500.00 worth of controlled substances during the burglary. Both defendants were also charged with a conspiracy count.

Federal officials declined to say exactly what was taken during the burglary, and didn’t identify the pharmacy, but Williamsburg Police Chief Wayne Bird confirmed that his department investigated a burglary at Whitley Pharmacy on Feb. 11, 2006.

Nighbert was also indicted for attempted possession of Oxycodone, possession with the intent to distribute Oxycodone, and possession of a firearm in furtherance of a drug trafficking offense stemming from a May 17, 2007, incident in Laurel County. If convicted of the firearms charge, Nighbert faces an additional five-year prison sentence that would be served consecutively or in addition to any other prison time that he receives.

On the evening of May 17, Nighbert allegedly showed signs of being under the influence of either drugs or alcohol during an incident on American Greeting Card Road.

A search of Nighbert’s vehicle turned up $32,000 cash, a pistol, and 14 Oxycontin pills concealed in a small metal container near his crotch.

On Feb. 20, 2008, Nighbert pleaded guilty in Laurel Circuit Court to an amended charge of possession of a controlled substance in exchange for prosecutors recommending a five-year prison sentence.

As part of his plea deal with prosecutors, Nighbert agreed to forfeit several items seized by police when he was arrested, including a .40 caliber Glock pistol, cash, a police identification, and badge.

On Nov. 16, 2006, Brad Nighbert pleaded guilty to a single count of first-degree wanton endangerment in Whitley Circuit Court. The charge stems from an April 13, 2006, on-duty crash that injured Connie Jackson, and cost Nighbert his job.
Jackson filed suit against the city, but settled the lawsuit out of court months later for an undisclosed amount of money.
A toxicology test taken about three hours after the accident showed Nighbert had 0.001 milligrams of cocaine in his system, and 0.007 milligrams of Oxycodone.

In late September 2006, Nighbert resigned as a Williamsburg police officer minutes before a scheduled hearing before Mayor Roddy Harrison, which could have lead to his termination.

As part of his Whitley County plea agreement, several other charges against Nighbert were dismissed, including second-degree assault, drug possession, criminal mischief and DUI.

On Dec. 3, 2006, Special Whitley Circuit Judge Jerry Winchester agreed to probate Nighbert’s three-year prison sentence for five years.

Detroit connection

On April 8, 2009, Stringer pleaded guilty to conspiracy to possess with the intent to distribute a quantity of pills containing Oxycodone and possession with intent to distribute a quantity of pills containing Oxycodone.

He was ordered to serve a 40-month prison sentence, and to spend three years on supervised release.
On April 5, 2007, the FBI and Williamsburg police used a cooperating witness to arrange for the sale and delivery of a quantity of Oxycontin pills from Stringer at a location in Whitley County.

The cooperating source told law enforcement that he had previously purchased pills from the defendant, an individual named "Dee" from Detroit, Mich. The cooperating source told "Dee" that he supplied several people in Williamsburg and Whitley County with Oxycontin pills, according to the plea agreement.

Through a series of phone calls, the cooperating source arranged for the delivery of 475 Oxcontin pills to Kentucky, and a controlled buy was planed at the Shell gas station near Exit 25 in Corbin. The pills were found hidden inside a cup, the agreement stated.

Keith Banks, the man who drove Stringer to Whitley County from Detroit in exchange for $1,000, pleaded guilty on Oct. 15, 2008, to aiding and abetting possession with intent to distribute a quantity of pills containing Oxycodone, according to his plea agreement.

He was sentenced to 19 months in prison and three years of supervised release.