FAYETTEVILLE -- A Springdale man was convicted of simple possession of methamphetamine, a felony, and acquitted of more serious drug and gun possession charges that could have landed him in prison for life as a first offender.
Oscar Alonzo, 22, was acquitted late Thursday in Washington County Circuit Court of possession of methamphetamine with intent to deliver, simultaneous possession of drugs and firearms and possession of drug paraphernalia.
Jurors on Friday recommended a sentence of nine months in prison, four years probation and a $301 fine.
Circuit Judge Mark Lindsay sentenced Alonzo to probation and a fine and didn't impose the prison time.
Alonzo was a passenger in a car driven by Remberto Alexander Rivera, 24, that was stopped Feb. 15 for a minor traffic infraction on the University of Arkansas campus. Rivera was arrested on warrants and a search of the car revealed 30 grams of methamphetamine and a pipe hidden in a jacket pocket in the front of the car, two guns and ammunition hidden in the trunk and some scales in an ashtray. Both men had large sums of cash.
Rivera, a convicted felon who had a long rap sheet, pleaded guilty to a list of charges related to the stop, including possession of the drugs and guns and intent to deliver drugs. He's serving 18 years at the Arkansas Department of Correction.
Alonzo was arrested after admitting he tossed a baggie containing a small amount of methamphetamine from the car. Prosecutors Matt Durrett and Brian Metcalf at Thursday's trial tried to tie Alonzo to the drugs and guns found in the car saying he had constructive possession of them. Constructive possession means having access to and control over an item.
Alonzo, who had no criminal record faced up to life in prison on a charge of simultaneous possession of drugs and guns.
Tony Pirani with the Washington County Public Defender's Office told jurors the case against Alonzo was based on circumstantial evidence, speculation and conjecture that didn't support the charges.
"They're asking you to convict him of something he didn't even know was in the car," Pirani told jurors. "There is not a shred of evidence Oscar Alonzo is guilty of anything he's been charged with."
The car belonged to a third party and the trunk, where the guns and bullets were, could only be opened using the key fob which Rivera had, Pirani said. There was no evidence linking the guns to Alonzo. The small baggie of white powder Alonzo tossed was never tested by the state Crime Lab.
"You don't have to believe Oscar Alonzo is a good guy, he was clearly some place he should not have been," Pirani said. "But, that's a long way from being guilty of the charges."
Alonzo faces charges in three unrelated cases, including possession of drug paraphernalia and failure to appear.
NW News on 09/06/2014