State v. Ingram

• Decision Date: 08 January 2021
• Docket Number: DOCKET NO. A-2640-17T4,DOCKET NO. A-3157-17T4
• Parties: STATE OF NEW JERSEY, Plaintiff-Respondent, v. NATHAN INGRAM, a/k/a NATHANIE INGRAM, NATHANIEL J. INGRAM, NATA INGRAM, and FURQAN SALAAM, Defendant-Appellant. STATE OF NEW JERSEY, Plaintiff-Respondent, v. ASHLEY D. BAILEY, Defendant-Appellant.
• Court: New Jersey Superior Court — Appellate Division

STATE OF NEW JERSEY, Plaintiff-Respondent, v. NATHAN INGRAM, a/k/a NATHANIE INGRAM, NATHANIEL J. INGRAM,NATA INGRAM, and FURQAN SALAAM, Defendant-Appellant.

STATE OF NEW JERSEY, Plaintiff-Respondent, v. ASHLEY D. BAILEY, Defendant-Appellant.

DOCKET NO. A-2640-17T4

DOCKET NO. A-3157-17T4

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION

Submitted October 21, 2020

January 8, 2021

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

Before Judges Alvarez and Mitterhoff.

On appeal from the Superior Court of New Jersey, Law Division, Camden County, Indictment No. 15-11-3407.

Joseph E. Krakora, Public Defender, attorney for appellant Nathan Ingram (Kevin G. Byrnes, Designated Counsel, on the briefs).

Joseph E. Krakora, Public Defender, attorney for appellant Ashley D. Bailey (Frank M. Gennaro, Designated Counsel, on the brief).

Jill S. Mayer, Acting Camden County Prosecutor, attorney for respondent (Nancy P. Scharff, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the briefs).

PER CURIAM

Co-defendants Nathan Ingram and Ashley D. Bailey were tried together by a jury over several days in October and November 2017. They now appeal their convictions and sentences; we affirm.

Ingram was found guilty of the following offenses: first-degree leader of a narcotics trafficking network, N.J.S.A. 2C:35-3 (count one); first-degree possession of a controlled dangerous substance (CDS) with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(1) (count two); second-degree conspiracy, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:35-5(b)(1) (count three); first-degree maintaining or operating a CDS production facility, N.J.S.A. 2C:35-4 (count four); eight counts of third-degree possession of a CDS (heroin), N.J.S.A.2C:35-10(a)(1) (counts seventeen, twenty-one, twenty-three, twenty-five, twenty-seven, thirty-one, thirty-five and thirty-seven); eight counts of third-degree distribution of a CDS (heroin), N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(3) (counts eighteen, twenty-two, twenty-four, twenty-six, twenty-eight, thirty-two, thirty-six, and thirty-eight); third-degree possession of a CDS (cocaine), N.J.S.A. 2C:35-10(a)(1) (count thirty-nine); third-degree distribution of a CDS (cocaine), N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(3) (count forty); and second-degree possession of a weapon during a CDS offense, N.J.S.A. 2C:39-4.1 (count 102).

Ingram's aggregate sentence is life imprisonment plus ten years, subject to thirty years of parole ineligibility. The trial court appropriately merged certain counts and sentenced Ingram on January 12, 2018, to a term of life on count one, subject to twenty-five years of parole ineligibility, and a consecutive ten-year prison term with five years of parole ineligibility on count 102. The judge imposed terms concurrent to each other and count one as follows: twenty years with ten years of parole ineligibility on count two; ten years with five years of parole ineligibility on count three; twenty years with ten years of parole ineligibility on count four; five years with two and one-half years of paroleineligibility on counts eighteen, twenty-two, twenty-four, twenty-six, twenty-eight, thirty-two, thirty-six, thirty-eight, and forty.

Bailey was indicted in three counts. The jury acquitted her of second-degree conspiracy to distribute CDS, N.J.S.A. 2C:5-2 (count three), but convicted her of two counts of second-degree official misconduct, N.J.S.A. 2C:30-2(a) (count seventy-two and seventy-three). After the judge denied her motion for a new trial, she was sentenced on January 12, 2018, to eight years of imprisonment subject to five years of parole ineligibility on count seventy-two, and a concurrent seven-year term, subject to five years of parole ineligibility, on count seventy-three. Her aggregate sentence was eight years, subject to five years of parole ineligibility.

I.

We detail the circumstances that led to the indictment. Between April and October 2014, state and local police conducted "Operation South District," an investigation into a Camden drug ring. The targets included Ingram, his brother Edwin Ingram (Edwin), Edwin's half-brother Fidel Webb, Donyell Calm, Lawrence Brown, and Kareem Anderson.

The investigation began with multiple drug purchases, and the issuance of communication data warrants (CDWs), and wiretap orders for the phones ofIngram, Calm, and Brown in June 2014. Wiretaps were also established for Webb and Anderson's phones.

Police listened to thousands of conversations and surveilled numerous citizen buys, at times arresting the purchasers. Ingram alone participated in 2838 calls/texts deemed pertinent to the investigation between June 2 and October 19, 2014. Others discovered to be involved in the distribution scheme included: Montell Lee, Tatiana Timmons, Kyiesha Grant, Andrew Colavecchio, Jason Gazzara, Jermaine Calm, Kevin Williams, and Carlos Gutierrez.

Police concluded that Ingram's residence was a "stash house" after synchronized raids on his home and the residences of Grant, Gazzara, Calm, and Colavecchio on October 28, 2014. At Ingram's residence, the authorities found two safes containing heroin and crack cocaine, additional bags of crack cocaine and heroin; drug packaging materials (i.e. wax paper folds, small baggies, a digital scale and an ink stamp); more than seven cell phones; a bag containing pots, blenders and sifters; $782 in cash; two rifles and magazines; a loaded .38 caliber revolver and a Ruger .22 caliber pistol and magazine; and two handgun clips and additional bullets.

While the search was underway, Ingram told police the items being seized were "all [his]," and that everyone in his home and his family "had nothing todo with it." Ingram later gave a formal statement acknowledging to police that: (1) there had been 500 grams of heroin in his basement; (2) he purchased his drugs from "J.B." in Philadelphia, 200 to 1000 grams at a time; (3) he occasionally purchased uncut powder cocaine from J.B.; (4) all of his money was invested in the drugs; (5) he last purchased drugs from J.B. two months prior; (6) he had accumulated the drugs found in his home "over time"; (7) he purchased the seized weapons from "crack heads" who used to work for him; and (8) Brown was staying at his home. [PIa561-PIa601]. When police told him that they knew Brown was working for him, defendant asked "what the fuck don't [y'all] know."

The search of Grant's home resulted in the seizure of ammunition, three cell phones, a scale, and multiple boxes of drug packaging materials. When police searched the apartment next door to Grant's, they located a large bag containing 978 wax folds of heroin together with a trash bag containing drug paraphernalia. At Gazzara's residence, police found heroin, marijuana, scales, cell phones, ledgers, and packaging materials. From Calm's home, police seized multiple bags of crack cocaine and heroin, wax folds, cell phones, glass vials, and baggies. Marijuana, $10,000, prescription pills, packaging materials, drugparaphernalia, a ledger, a heat sealer, and a box containing three digital scales were located in Colavecchio's residence. Edwin's home was not searched.

Bailey, a Camden County police officer, was Edwin's wife. On August 13, 2014, police initiated a wiretap on her phone and Edwin's phone. One hundred and thirty-five telephone calls were logged between Bailey and members of the drug organization from June through August 2014, although only six occurred after August 13, 2014. Before the wiretaps commenced, 939 calls were recorded between Edwin and members of the drug organization, but only six after. Edwin was not recorded talking to anyone about drugs.

Bailey accessed investigative reports using the Law Enforcement Advanced Application (LEAA), a computerized database of police reports, during this time. Like every police officer, Bailey used an individual password to log onto the system.

The LEAA log revealed that on June 10, 2014, Bailey accessed a March 31, 2014 report concerning Webb, and a March 26, 2014 arrest report concerning Calm. That same day, she also accessed six reports concerning Edwin, and related events occurring on December 6, 2012, August 6, 2013, November 11, 2013, and March 13, 23, and 26, 2014. On June 19, 2014, Bailey accessed reports concerning Calm dated April 7 and 29, 2014, and May 27, 2014. [8T17-8T19]. She did not print the reports. Bailey was not officially involved in any aspect of the investigation.

Early in the morning on September 16, 2014, police videotaped a meeting at Ingram's residence attended by Edwin and Webb. Later that morning, police intercepted a phone call between Calm and Anderson during which they stated that Edwin was "scared as hell" because "IA" was "near his crib." That same day, between 4:06 p.m. and 10:03 p.m., Bailey and Edwin exchanged the following text messages:

[Female]: Don't get yourself all worked up. It's nothing you can change about it, if it's done. We had our chance, even me, to throw in the towel and . . . get free of it all. And I chose you, so I chose my fate. Shit happens. I guess it was just in God's plan. I'm stressed, but it's nothing I can change.

[Male]: It ain't nothing. Don't worry about it. As long as you're not a crooked cop, we'll be good.

[Female]: That's not true. There's more to it than that. I tried so many times to explain how much more that included, but I chose to be here, so I am just as responsible. I promised myself that I wouldn't make it here, but what can I do about it?

[Male]: It ain't even nothing. People just talking. You off?

[Female]: They talking and they thinking up a plan, babe. But no worries. I'm relieved they foo [sic] what I couldn't. A good plan.

[Male]: How long you going to be out?

[Female]: You're

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