Pirated discs confiscated, led man to county jail

Wednesday, March 24, 2010

More than 1,100 movies on DVDs and music on CDs were confiscated from a Georgia man driving through Marshall County six weeks ago and last week he was indicted by the grand jury here on charges alleging he was transporting pirated discs.

Also indicted on charges alleging he was in possession of marijuana is Jabari Jahina Fareed, 37, of Decatur, Ga., who was stopped Feb. 12 by lawmen working with the 17th Judicial District Drug Task Force, according to public records at the Courthouse.

The pirating charges are technically "criminal simulation," according to a six-count indictment issued on March 17.

The records show that during a search of Fareed's blue 2001 Ford Taurus, 961 pirated and/or illegally copied DVDs, 144 pirated and/or illegally copied CDs, and $393 cash were found. A small amount of marijuana was found concealed in Fareed's sock, and more was discovered while he was being booked at the jail.

The charges in the indictment refer to the transportation of the pirated discs (two), attempts to sell the discs (two), introduction of a Schedule VI controlled substance into a penal institution, and possession of a Schedule VI controlled substance.

General Session Court Judge Steve Bowden signed a Criminal Forfeiture Warrant for the car, the money, and the discs. The law relating to criminal simulation (TCA 39-14-115) authorizes "judicial forfeiture" of items "used during the commission of any theft of property or services by fraudulent means."

Agent Chad Webster, of the 17th Judicial District Drug Task Force, the arresting officer, prepared an affidavit in support of the criminal forfeiture warrant, in which he stated that Fareed had been stopped in Marshall County twice before.

In January 2008 Trooper Wayne Dunkelman of the Tennessee Highway Patrol stopped Fareed and 1,260 DVDs and CDs were found in his car.

In October 2009, agents Webster and Shane Daugherty of the 17th JDTF performed a traffic stop on the same Ford Taurus, and found Fareed with 1,474 DVDs and 273 CDs.

Fareed's jail intake sheet says he is "single," but he names five children on his affidavit of indigency, a document completed so his circumstances may be considered when a judge decides whether to assign a case to the Public Defender's Office. The affidavit also states that he has no assets and no source of income. Circuit Court Judge Robert Crigler appointed the public defender's office to represent Fareed, who is scheduled to be back in court on April 28.