Pubdate: Fri, 09 May 2003
Source: Augusta Chronicle, The (GA)
Copyright: 2003 The Augusta Chronicle
Contact:  http://www.augustachronicle.com/
Details: http://www.mapinc.org/media/31
Note: Does not publishing letters from outside of the immediate Georgia and 
South Carolina circulation area
Author: Sandy Hodson

FORMER POLICEMAN LEAVES FEDERAL PRISON AFTER ACQUITTAL RULING

A former Richmond County sheriff's officer convicted of a federal drug 
crime walked out of prison a free man Thursday afternoon.

The release of Joseph Ellick, 35, came less than 24 hours after the federal 
judge who presided over his trial granted Mr. Ellick's request for an 
acquittal.

Mr. Ellick was convicted Sept. 23 of a single count of attempt to possess 
cocaine with intent to distribute. He was tried with another former 
Richmond County sheriff's officer, Ralph Tyrone Williams, 37, whose appeal 
is pending.

As Chief Judge Dudley H. Bowen Jr. noted in his written opinion, only one 
witness, convicted drug dealer Ernest Smith, provided evidence against Mr. 
Ellick that led to his conviction.

Judge Bowen said he found that testimony insufficient for a conviction.

"Without corroboration, (Mr.) Smith's testimony is a meager resource upon 
which to base a sentence of more than four years without parole," Judge 
Bowen wrote.

Mr. Smith cooperated with investigators and secretly taped conversations 
with Mr. Ellick that prosecutors said were discussions about stealing 
cocaine from a Columbia, S.C., drug dealer. But, Judge Bowen wrote, the law 
requires more than just conversation - the accused must take some step 
toward committing a crime.

Mr. Ellick, who worked as a deputy for seven years before leaving the 
department in 2001, was acquitted of conspiring with Mr. Williams to 
possess cocaine. A charge that accused Mr. Ellick of neglecting to file a 
police report in exchange for cocaine was dropped by prosecutors.

Mr. Ellick was sentenced to 57 months in prison, and Mr. Williams was 
sentenced to 292 months.

Mr. Ellick had been in custody since September. He was released from a 
federal prison in Butner, N.C., on Thursday afternoon, a prison employee 
confirmed.

Mr. Ellick's attorney did not return a telephone message seeking comment.
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