Seventh person connected with Nighbert drug trafficking case now in federal custody

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Federal prosecutors have unsealed the name of a seventh person, who was indicted on March 25, by a federal grand jury in connection with a drug trafficking case involving former Williamsburg Police Officer Brad Nighbert.

"The defendant, Joritta Nicole Petrey, surrendered on April 7, 2010. Therefore, the United States moves to unseal the indictment and all other pleadings," U.S. Attorney Edwin J. Walbourn III wrote in a motion.

Petrey, 31, and Kenneth Bradley Nighbert, 32, Larry Dan Harville, 30, Michael Scott Ball, 35, Branden Ray Sutton, 32, Shannon Lee Taylor, 28, and Tina Elizabeth Davis, 31, all of Williamsburg, were indicted on March 25 for conspiring to distribute Oxycodone in Whitley County starting in December of 2005 and continuing through May 18, 2007.

Among other charges, Nighbert was also indicted for attempted possession of Oxycodone, possession with the intent to distribute Oxycodone, and possession of a firearm in furtherance of a drug trafficking offense stemming from a May 17, 2007, incident in Laurel County.

In addition, Petrey was charged with knowingly and intentionally possessing with the intent to distribute a quantity of pills containing methadone in Whitley County on May 18, 2007.

According to Whitley County court records, hours after Nighbert was arrested in Laurel County on March 17, 2007, Kentucky State Police Detective Colan Harrell obtained a warrant to search a residence at 6496 North Highway 25W where Nighbert stayed in Whitley County with Petrey, his girlfriend.

While searching the residence, police seized $2,900 cash, 59 suspected methadone tablets, three record books, a computer and other items, according to court documents.

Harrell charged Petrey with second-degree trafficking in a controlled substance, use/possession of drug paraphernalia, and disorderly conduct.

During a hearing on July 23, 2007, in Whitley District Court, the charges against Petrey were dismissed without prejudice at Harrell’s request, according to court records.

Officials will commonly dismiss charges in state court if they are planning to prosecute the case in federal court.
Petrey pleaded not guilty during her arraignment Thursday in U.S. District Court in Pikeville before U.S. Magistrate Judge Edward Atkins.

Atkins remanded Petrey to the custody of the U.S. Marshal’s Office pending her detention hearing, which is set on April 13 at 2 p.m. before U.S. Magistrate Judge Robert E. Wier in U.S. District Court in London. A June 6 jury trial has also been set in her case, according to federal court officials.
 

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