A Gaston man who last year had his motion for early termination of his federal supervised release rejected now faces drug charges following a search of his residence earlier this month.

Captain Patrick Jacobs of the Northampton County Sheriff’s Office said on April 6 narcotics units of Northampton and Halifax along with the Roanoke Rapids Police Department found cocaine, fentanyl, ammunition and paraphernalia at the residence of Damien Mitchell.

The officers found 6.9 grams of cocaine and 4.5 grams of fentanyl, Jacobs said.

Mitchell was scheduled today to appear in Northampton County District Court to answer to charges of three counts of possession with intent to sell and deliver schedule II, a count of felony maintaining a dwelling for a controlled substance and a count of possession of drug paraphernalia.

As of today, there were no documents in the federal court system addressing the Northampton County charges.

However, there are records of him seeking early termination of his federal supervised release, which was rejected last April by United States District Court Judge Terrence Boyle.

Federal judge’s order

Boyle noted that In April 2012 Mitchell was sentenced to 120 months imprisonment and five years of supervised release after pleading guilty to distributing over 28 grams of cocaine base. He was released from prison on August 28, 2018 and began his term of supervised release. 

In 2021 he filed a motion seeking early termination of that release.

“Upon review of (the) defendant's motion and consideration of the relevant factors, the court finds that (the) defendant's supervised release term remains sufficient but not greater than necessary to serve the interests of justice.”

Boyle wrote, “While the court is encouraged that (Mitchell) has built strong ties with his family during his time out of prison, the court is discouraged that (the) defendant has not been compliant with all the terms of his supervision. Though (the) defendant has not tested positive on any drug test, he has missed several drug tests in the past year.”

Mitchell completed his required treatment, Boyle wrote, “But the United States Probation Office indicated that it was stretched out over a long period of time because (the) defendant continued to miss treatment sessions. Probation and the government strongly oppose terminating (the) defendant's period of supervised release because of his non-compliance and his long history of failing to successfully complete probationary periods in the past. The court agrees and finds that … factors do not weigh in favor of early termination.”

Easley’s arguments and background

United States Attorney for the Eastern District of North Carolina Michael F. Easley Jr. wrote in opposing Mitchell’s motion for early termination of the supervised release that the motion should be denied “because (the) defendant has not demonstrated some new or unforeseen circumstance justifying early termination of supervision or that supervision would hinder rather than facilitate rehabilitation.”

Easley laid out the following background:

On August 23, 1999, Mitchell was convicted of possession of a handgun by a minor and placed on probation. On July 24, 2000, that probation was revoked for violations and he served his term of imprisonment. 

On November 5, 2001, Mitchell was convicted of possession with intent to deliver cocaine and placed on supervised probation. On February 1, 2005, his probation was revoked for violations and he served the active term of imprisonment.

On April 8, 2003, he was again convicted of possession with intent to deliver cocaine and again placed on probation. On February 1, 2005, this term of probation was also revoked for violations and he served this term of imprisonment. He was released on August 4, 2005.

“Shortly thereafter, and less than a year after being released from imprisonment following his two felony probation revocations, as part of the instant offense conduct, in December 2005, a drug dealer met (the) defendant and (the) defendant’s half-brother at a convenience store in Roanoke Rapids for the purpose of purchasing cocaine. 

“During the meeting, (the) defendant pulled a gun on the drug dealer. (The) defendant and his half-brother drove the drug dealer to the end of a nearby road and stole his money and keys.” On April 22, 2006, he assaulted two individuals by shooting at them with a handgun.On September 9, 2006, he was convicted of two counts of assault with a deadly weapon and placed on probation. On June 11, 2008, his probation was revoked and he served the term of imprisonment and was released on January 21, 2009.

On March 23, 2006, he was convicted of felony speeding to elude for engaging in a high-speed pursuit while trying to evade police. He was placed on and successfully completed a term of probation.

On August 23, 2009, he was convicted of assault on a female and served 150 days imprisonment.

HCSO investigation

On September 20, 2010, the Halifax County Sheriff’s Office received information from a confidential source that Mitchell was distributing crack cocaine from his residence in Roanoke Rapids. 

The CS further stated that he could purchase crack cocaine from him. Thereafter, under the supervision and direction of the HCSO, the CS made two controlled purchases of crack cocaine from Mitchell at his residence. 

Specifically, on September 21, 2010, the CS went to Mitchell’s home to purchase a half ounce of crack cocaine. 

Not having the drugs available upon the CS’s arrival, Mitchell left the residence with a female and traveled to an unknown location to obtain a quantity of powder cocaine. 

Meanwhile, the CS remained at Mitchell’s home. He soon returned to his home with a quantity of powder cocaine, which he then converted to crack cocaine. 

Mitchell then sold the crack cocaine to the CS for $500, funds provided by the HCSO.  Subsequent laboratory analysis revealed a drug weight of 12.9 grams of crack cocaine. 

On September 28, 2010, the CS returned to Mitchell’s residence to purchase an ounce of crack cocaine. 

Mitchell again had to leave the home to acquire cocaine but soon returned and cooked a quantity of cocaine into crack cocaine, weighing it on a scale. He then sold 32.6 grams of crack cocaine to the CS in exchange for $1,050, funds provided by the HCSO.

Easley wrote that all told, between 2005 and September 2010, Mitchell was accountable for the distribution of 339.6 grams of crack cocaine and 5 ounces of cocaine.

On May 6, 2011, Mitchell pleaded guilty, pursuant to a plea agreement, to distribution of over 28 grams or cocaine base. 

On April 9, 2012, Mitchell was sentenced to 120 months imprisonment, five years supervised release with special conditions, a $100 special assessment, and restitution in the amount of $1,550.

Release from federal prison

On August 28, 2018, Mitchell was released from imprisonment and began his term of supervision. 

He was last visited December 29, 2021 and On August 27, 2020, the court ordered Mitchell to perform 20 hours community service for violating his conditional release. 

On October 19, 2020, the court ordered cognitive behavioral therapy and a curfew due to his violations of supervised release. 

On November 16, 2021, Mitchell filed a motion for early termination of supervised release.  

“Prior to his request for early termination, (the) defendant was not even compliant while on supervision 1 even though that was obviously expected by the court,” Easley wrote. “That ground alone should be sufficient to deny(the) defendant’s motion for early termination. In any event, even if (the) defendant had been compliant — which he wasn’t — compliance with supervised release does not itself constitute the type of changed circumstances or ‘exceptionally good behavior’ that justifies early termination because (the) defendant is expected to work and follow the rules while on probation.”

Wrote Easley: “Despite the multiple opportunities provided by North Carolina to live a crime-free life, (the) defendant refused to let go of a drug-trafficking, criminal lifestyle. Outside of (the) defendant’s non-compliance with the terms of supervision, of critical note, (the) defendant was engaged in his drug trafficking while on probation and despite prior drug trafficking convictions and prior opportunities on probation.”

On December 29, 2021, United States Probation Officer Van Freeman indicated that probation is strongly opposed to early termination in this case. “(The) defendant has had a history of multiple drug use violations while on supervision. Even though (the) defendant completed his treatment, it was stretched out over a long period of time because he continued to miss treatment sessions. 

“Also, over the last year (the) defendant missed several drug tests. Although (the) defendant has not had any positive tests since October of 2020, the missed tests raise concerns about his sobriety. In addition, (the) defendant is currently unemployed and has a significant criminal record which includes a conviction for assault and multiple assaultive charges.”

Easley wrote that Mitchell squandered his opportunities and all but one supervision term was revoked for violating probationary terms.