Jul 15, 2016 2 min read

Authorities released a 46-year-old Washington man from jail after a prosecutor withdrew drug charges against him, agreeing with the man’s lawyer city police based the case on a flawed search.

Washington County Assistant District Attorney John Friedmann asked in a petition, which Judge Michael Lucas granted Thursday, to drop charges of possession with intent to distribute and possession of a controlled substance against Richard Royal Jr.

Defense attorney Jack Puskar argued last week in a motion to suppress evidence the charges were based on a “stop and frisk” police conducted without reasonable suspicion. Puskar said Royal allegedly confessed to the arresting officer he had crack cocaine when the officer questioned him but did not read him his Miranda rights.

Lt. Robert Lemons wrote he was patrolling the area near the 10 block of Dewey Avenue Feb. 26 when a constable approached him and pointed out Royal, who the constable said was “AWOL from the jail,” according to an affidavit of probable cause.

Puskar said the constable was mistaken and there was no warrant against his client at the time.

“It was a bad-faith arrest,” Puskar said. “I wouldn’t blame the police officer, but I would say the police officer lacked in doing due diligence.”

Friedmann called the situation “not a common occurrence.”

Jail officials listed Royal as missing from the jail based on a case initiated by the Domestic Relations office. It was resolved by the time of Royal’s arrest.

“Nobody from domestic relations told the jail their case was closed,” Friedmann said.

Lemons alleged Royal admitted during a pat-down to having the drugs. A sandwich bag containing suspected crack cocaine, $1,865 in cash and two cellphones were found during the search, according to the affidavit.

Court records show Royal was unable to make bond and was held at the county jail since charges were filed. Puskar said he appreciated prosecutors looked into the case and reached the decision they did.

An employee who answered the phone Friday at the Washington police station said no one familiar with the outcome of the case was available.