Prosecutor relying on audio, videotaped evidence in federal drug trial

Nichole Davis

Wednesday, May 28, 1997 | 10:48 a.m.

A prosecutor told a federal court jury that Roy Dean Grace of North Las Vegas sold drugs and assaulted officers -- and much of the evidence is on videotape.

Grace, 37, is on trial this week on five counts of sale of a controlled substance, one count of possession of a controlled substance with the intent to distribute, and two counts of assault on federal officers. If convicted on all charges, Grace, who has prior drug convictions, faces life in prison without the possibility for parole.

Prosecutors allege that Grace sold "cocaine base" to an undercover FBI agent on five separate occasions from Feb. 8, 1996, to March 23, 1996. During an arrest attempt in the parking lot of the Castaways casino on North Decatur Boulevard, Grace is accused of ramming his car into two FBI agents. A search of his home netted more "cocaine base" and a scale on which the defendant's fingerprints were found, authorities said.

Officers recorded the five drug sales on a tape recorder and videotaped the arrest attempt.

Assistant U.S. Attorney Walter Ayers described the facts of the case as being "straightforward" but warned the jury that many issues would be raised during the trial.

"We don't have to prove or disprove any additional issues that may come up," Ayers said. "Other issues always come up."

The defense alleges that Grace is a pawn in a high-stakes game to nab an unidentified "big fish." Assistant Federal Public Defender Rene Valladares argued that the police wanted to get enough evidence to force his client into becoming a federal informant to avoid prosecution.

"They wanted to make sure the hammer was big enough so he would have no option but to help them catch the big fish," Valladares said.

He alleged the only reason his client faces two counts of assault is that law enforcement officials needed to justify firing more than 30 rounds from pistols, shotguns and assault rifles, hitting Grace's car 23 times.

U.S. District Judge Philip Pro recently refused to dismiss the case on grounds that the Weed and Seed Task Force made up of officers from Metro Police, North Las Vegas Police and the FBI inappropriately targeted the defendant. Defense lawyers argued that Weed and Seed was set up with the primary objective of convicting blacks who live in the areas monitored by the group.