By Rachel Dove
WILLIAMSON - At approximately 11 p.m. Monday, U.S. Marshals knocked on the door of former Mingo County Magistrate Dallas Toler with an arrest warrant to revoke Toler’s $10,000 unsecured, personal recognizance bond from federal court, where he recently pleaded guilty to one count of voter registration fraud.
The motion filed Monday in U.S. District Court in Charleston to revoke Toler’s bond and issue an arrest warrant for him reads as follows:
“On Dec. 9, 2013, the U.S, filed an Information charging the defendant, Dallas Toler, with one count of procuring a false voter registration application in violation of 42 U.S.C. 1973-gg-10, ECF No. 1. Defendant entered a guilty plea to that charge on Dec. 2, 2013.
“Following the plea hearing, defendant was released on an unsecured $10,000 personal recognizance bond. The court entered an order on Dec. 2, 2013, setting the condition of the defendant’s release, with the first condition being that the defendant must not violate any federal, state or local law while on release.
“Since the defendant was released on bond, an investigation separate from the underlying prosecution had revealed that the defendant has been involved in the distribution of cocaine in violation of state and federal laws. Defendant knowingly allowed his personal vehicle to be used to transport what he believed to be cocaine into the Southern District of West Virginia. The individuals transporting the substance in defendant’s vehicle were stopped by the Williamson Police Department on Dec. 31, 2013. One of the defendants agreed to act as a confidential informant (CI) and told law enforcement officers that he had been buying and selling cocaine and sharing the profits with the defendant. On that same day, the CI placed a recorded call to Toler and during the call, the defendant acquiesces to the informant’s statement that he needs to get the “coke” out of the defendant’s vehicle, which had been impounded.
“The CI’s statement regarding his dealings with the defendant were corroborated on Jan. 3, 2014, during an audio/video-recorded encounter. During the encounter, Toler accepted a payment of $850 from the CI which defendant believed to be proceeds from prior distribution of cocaine. The defendant also gave additional money back to the CI, and the two discussed a plan for the CI to buy additional cocaine to distribute it to individuals in the area for a profit. During the encounter, Toler agrees that the CI will bring him a portion of the profits from the drug distribution. On Jan. 8, 2014, consistent with their previous discussion, Toler accepted a cash payment from the CI.
“The defendant also contacted the Williamson Police Department on Jan. 10, 2014, to inquire whether cocaine was found in his vehicle during the initial traffic stop. The conversation was recorded by a member of the Mingo County Sheriff’s Department.
“Based on the foregoing, there is probable cause to believe that the defendant has violated the terms of his bond by violating state and federal laws while on release, namely, both conspiring to distribute cocaine and aiding and abetting attempted possession with intent to distribute cocaine.”
The motion was signed by R. Booth Goodwin II, United States attorney. A date has not been set for a formal arraignment on these additional charges, but is expected to be scheduled later this week. Toler is currently being held in the South Central Jail in Charleston.