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Testimony: Defendant was ticketed on night of teen's death
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Published: September 12, 2009
A man accused of selling a powerful painkiller to a 15-year-old who later died was searched during a traffic checkpoint just hours before the teen died.
Joshua Parlee is being tried in Iredell County Superior Court on charges of second-degree murder, possession with intent to sell/deliver Schedule II and sale/delivery of a controlled substance to a minor.
Micael Lane, 15, died sometime on the morning of Jan. 12, 2008, hours after he took one oxymorphone pill that prosecutors said he bought from Parlee.
A second 15-year-old boy was hospitalized after taking one of the painkillers as well.
Lt. David Prevette of the Iredell County Sheriff's Office testified Friday that Parlee was one of four people searched during a license checkpoint on the night of Jan. 11, 2008.
Prevette said he and other members of the Aggressive Criminal Enforcement team (ACE) conducted a license checkpoint on the on-ramp to U.S. Interstate 77 at Exit 42.
A pickup truck approached the checkpoint, and Sgt. Tim Byrd asked the driver to pull over to the side after smelling marijuana and noticing the driver was sweaty and nervous, Prevette told the jury.
Prevette said he searched two of the individuals, including Parlee, after Parlee confessed he had a bag of marijuana on him.
Prevette said he didn't find anything else on Parlee.
Two oxymorphone pills were found in the pocket of the driver, Samuel Bacon, who also testified Friday.
Bacon and Parlee were cited and released.
All four then headed to Mooresville to meet with several other teens and young adults to watch a movie.
One of those teens, Samantha Gatley, 18, testified that she noticed Parlee and another teen leave the movie showing at least three times.
She also told the jury that she saw the 15-year-old who survived as they went into the movie theater and noticed he was with another teen.
Assistant District Attorney Mikko Red Arrow said in his opening statement that the other teen was acquainted with some of those at the movie theater that night, but Lane, who had moved to this area just two months earlier, didn't know any of the teens.
Red Arrow said the evidence will show Parlee sold Lane and the other teen an oxymorphone pill for $5 each.
Gatley also testified that earlier in the evening, while still at the home of Bacon, Parlee said he could get them some pills.
Later, Parlee, Bacon and another teen hitched a ride with Gatley to a convenience store at Exit 42.
Red Arrow told the jury, in his opening statement, that Parlee met with his mother, Victoria Brown, at the store and got the oxymorphone from her. She was legally prescribed the drug for chronic pain.
Gatley said she saw Parlee go to a car parked behind her vehicle at the store, and come back with several pills. She said he then asked if they wanted to meet his mom.
Gatley denied taking any pills that night.
"I was kind of uncomfortable with that. I normally don't mess with pills," she said.
Another teen, Kristin Johnson, testified that she and Bacon split one of the three pills Bacon said he bought from Parlee.
She said later on that she and Bacon began to feel sick.
Bacon also testified that he felt sick that night.
Defense attorney Ed Booker questioned Bacon extensively about the differences between his statement to Troutman police right after Lane's death and his testimony in court.
Some of the differences include:
+ That he didn't mention feeling ill to the police.
+ He told police he saw Parlee get the pills from his mother, but on the stand said he was inside using the ATM at the time.
Booker also elicited testimony from Bacon that there were no warning labels on the pills.
A pharmacist testified Thursday that one of the two oxymorphone prescriptions issued to Brown contained a stern warning label, explaining that oxymorphone is an extended release medication, and the label contains a warning not to crush, chew or cut the pill as it will alter how it is distributed in the body.
Bacon testified that he crushed the pill and he and Johnson each snorted one half of the pill.
Parlee faces at least 18 years in prison if convicted on all charges.
Testimony in the case will resume Monday morning.
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