Exclusive: Bend man arrested on cocaine-dealing charges quickly out of jail, much to concern of prosecutor

BEND, Ore. (KTVZ) -- A Bend man accused of selling large quantities of cocaine was arrested last week but released from jail in less than an hour due to a disparity in jail release policies between cocaine and other dangerous drugs such as fentanyl and methamphetamine, a concerned Deschutes County prosecutor tells KTVZ News.

Over the past month or so, Central Oregon Drug Enforcement (CODE) Team members conducted a drug investigation that revealed large quantities of cocaine were being distributed in Bend, Bend Police Lt. Mike Landolt said in a news release Thursday.

Around noon last Friday, CODE Team detectives were conducting surveillance on a 32-year-old suspect and observed behavior consistent with a drug deal, Landolt said.

Bend Police stopped an unnamed person in a vehicle after meeting with the suspect, and during the investigation, cocaine was recovered. 

CODE detectives also stopped the suspect in a vehicle after the meeting.  Drug Detection K-9 Bonnie alerted to the odor of drugs in his vehicle.

The suspect was detained, and a search warrant was executed on his vehicle. During the search warrant service, Landolt said, the Bend man was found to be in possession of cocaine that was packaged to be sold, and he had a handgun.

"It should be noted that CODE Detectives had observed (the suspect) meet with multiple individuals over the past month, and the behaviors observed were consistent with someone conducting a drug deal, such as meeting in a vehicle for a couple minutes and parting ways or someone putting something in their pocket after meeting with him," Landolt said.

This investigation led to drug agents executing a search warrant in the 100 block of NE Penn Avenue in Bend. This search warrant was the result of an investigation involving the illegal possession and distribution of cocaine. 

During the search warrant, Detectives located over two pounds of cocaine packaged to be sold, along with scales, packaging material, and other evidence of drug distribution. 

The suspect was taken to the Deschutes County Adult Jail and lodged on charges of cocaine delivery, manufacture and possession, but he was released on his own recognizance less than an hour later, pending a June 6 court date, jail officials confirmed to KTVZ News.

Formal charges have yet to be filed. KTVZ News policy is not to name arrested individuals until and unless that happens.

Landolt said CODE would like to thank the Bend Police Department for their assistance during this investigation.

Deschutes County Deputy District Attorney Andrew Doyle, who helps prosecute federal drug crimes, said the suspect was released due to current criteria in the county, where cocaine cases don't have a mandatory hold, unlike cases involving methamphetamine and fentanyl.

"Otherwise, this would have been filed as an in-custody case, and we would have asked for him to be detained" before a judge the next day, Doyle explained. "When someone is held by the jail, we have timelines to file charged by the next day."

When they are not in custody, it requires setting a grand jury date on the calendar, Doyle said, adding that charges will be filed in the case.

"I think a guy with a kilo of 'coke' and a gun is a danger to the community," Doyle said. "I'm frustrated, because I think the facts of the case warranted that he be detained at least overnight and appear before a judge the next day."

Doyle noted that drug agents in this case seized about a kilo of cocaine, worth at least $100,000. Under the federal court system, a conviction on possession that amount of cocaine likely would lead to at least a 15-year mandatory minimum sentence.

But while this suspect had two misdemeanor charges of cocaine and firearm possession, they were dismissed earlier this year. Doyle said the lack of any convictions or open cases led to his release, no matter the amount of cocaine found in his possession.

The prosecutor said a bail reform act approved by lawmakers in 2001 designated more authority to local officials on what crimes are holdable and which are not.