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Thursday, 22 October 2015 14:29

Elton Gary denied release; wife released to daughter's custody

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United States Magistrate Judge Kimberly Swank today found Elton Gary, charged on federal dogfighting and marijuana counts, not suitable for pretrial release.

His wife, Erica, charged on the same counts, was released to the custody of her daughter with specific stipulations attached to her pretrial release.

The federal court record does not go into specific details on why release for Mr. Gary, 47, was denied and sent back to custody.

Mrs. Gary, 43, must continue or actively seek employment and is not to leave the North Carolina Eastern District without prior approval of her probation officer.

The conditions of her release state she is not to associate with any convicted felon and is to specifically have no contact with Mr. Gary as well as her son while under supervision. It forbids any contact with with any felon except under the direction of law enforcement.

She is not to possess weapons; not use alcohol excessively and not unlawfully possess narcotic drugs or other controlled substances. She must submit to drug testing and participate in a program of inpatient or outpatient substance abuse treatment.

Meanwhile, the federal indictment against the couple, which was based on an initial investigation by the Halifax County Sheriff's Office on April 7, 2013, charges them with two counts of knowingly sponsoring and exhibiting an animal in an animal fighting venture and aiding and abetting each other in doing so.

The third count charges they knowingly did buy, sell, deliver, possess, train, and transport animals

for the purpose of having the animals participate in an animal fighting venture.

The fourth count relates to possession of a firearm.

The fifth count charges the couple knowingly and intentionally possessed with the intent to distribute more than 50 but less than 100 marijuana plants and did aid and abet each other in so doing.

The sixth count charges they knowingly and intentionally maintained a residence at Stack Powell Road for manufacturing, selling and distributing marijuana.

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