Published: November 06, 2007 11:18 am            

More charges for New Albany woman accused of dealing Xanax

A New Albany woman arrested last week on allegations that she sold Xanax out of her Ekin Avenue home has another set of drug charges pending against her, court records show.

Sue Ann Tucker, 30, along with Brian Tucker, 32, were arrested Oct. 30 after a lengthy New Albany Police Department investigation. When two NAPD officers went to serve the Tuckers arrest warrants, they noticed no lights were on inside the home. Sue Ann Tucker allegedly told the officers she was going to the kitchen to find a light because their electricity was shut off.

When the officer followed her into the kitchen, he noticed her hands moving and the sound of plastic. When she was handcuffed, officers noticed her mumbling and asked her to “spit it out,” records say. Sue Ann Tucker said the tablets in the plastic were Xanax, but Brian Tucker had a prescription. She claimed to officers there was no bottle because they were going to spend the night somewhere else and did not want to take the whole bottle.

During the arrest process, officers found a cigarette pack with pills later identified as over-the-counter cold and flu medication, and marijuana lying on the couch, according to the probable-cause affidavit. The Tuckers refused to consent to a full-home search.

When officers secured a search warrant, they found a pipe commonly used to smoke marijuana with residue in it. They also found two pipes with residue in it, that Brian Tucker allegedly admitted using to smoke crack cocaine.

Brian Tucker is charged in Floyd County Superior Court with class D felony maintaining a common nuisance and two class A misdemeanors — possession of marijuana and possession of paraphernalia. He faces six months to three years in prison on the felony charge, as well as a $10,000 fine. Each misdemeanor conviction could lead to an additional year in jail and an additional $5,000 fine.

He is being held ineligible for bond until Nov. 13, and was approved last week for a public defender.

Sue Ann Tucker was charged with the same three counts as Brian Tucker, and additionally charged with class D felony possession of a controlled substance. However, her case is in Floyd Circuit Court. She is under a hold until Nov. 13 and had her case assigned to the public defender’s office.

Sue Ann Tucker also faces three more felony charges in Floyd Circuit Court for an alleged Oct. 19 incident. Authorities charged her with class D felonies of dealing in a substance represented to be a controlled substance and maintaining a common nuisance, as well as class C felony dealing in a schedule IV controlled substance. The typical sentence for a C felony conviction is a two- to eight-year jail sentence and $10,000 fine.

She allegedly sold an undercover NAPD officer 45 Soma tablets and 59 capsules that she claimed was hydrocodone — the painkiller that composes Vicodin, according to a probable-cause affidavit. The capsules were tested as Gabapentin, which is not a narcotic and typically used to control epilepsy.

Though drugs such as Soma and Xanax are legal if prescribed by a doctor and used properly by the patient, they are schedule IV drugs and any misuse or diversion is subject to felony laws. Xanax is a sedative typically used for anxiety and insomnia, while Soma is a muscle relaxant.

        

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