Kelvin Fitsgerald Garland has been indicted for possession of controlled substance less than one gram after he and his wife got into an argument and began throwing food at each other.
Garland was one of 18 people indicted this month by the Rusk County grand jury.
According to a probable cause affidavit, on April 16, 2017 Henderson Police Department Sgt. Dan Neal responded to the Whataburger, located at 630 U.S. Highway 79 North.
Upon arrival, Neal made contact with Garland and his wife in the parking lot. According to the affidavit, Garland stated that he and his wife were involved in an argument while driving down the road and were throwing food at each other.
The victim then stated that after Garland threw food at her he struck her with his fist on the right side of her cheek. According to the affidavit, Neal observed the victim’s right cheek and noticed that it was red and starting to swell.
Due to visible injury, Garland was placed under arrest for assault causing bodily injury family violence. According to the affidavit, upon searching Garland’s pockets, Neal located a cigarette pack in his shorts pocket that contained a small clear bag that had a white powdery substance Neal recognized to be cocaine.
Here’s a look at all the indictments handed out this month:
• Echols, Stephanie Ann, sexual assault of child;
• Garland, Kelvin Fitsgerald, possession of controlled substance less than one gram;
• Warren, Amanda Kay, abandon endanger child criminal negligence;
• Lee, James Larry, possession of controlled substance less than one gram;
• Smith, Charles Lynn, possession of controlled substance less than one gram;
• Clay, Matthew David, possession of controlled substance more than or equal to one gram less than four grams;
• Salas, Jeanette, possession of controlled substance more than or equal to one gram less than four grams;
• Wheeler, Kimball Scott, sex offenders duty to register life/annually;
• Martinez-Lara, Concepcion, driving while intoxicated third or more;
• Medford, J Douglas, burglary of building;
• Steel, Tony Carl, seven charges of theft of property less than $2,500 two or more previous convictions, theft of property more than or equal to $2,500 but less than $30,000;
• Barr, Jerry Lynn, driving while intoxicated third or more;
• Jones, James Horace, theft of service more than or equal to $2,500 but less than $30,000;
• Calvert, James Paul, escape while arrested/ confined felony;
• Cortes, Isabel Aguilar, false statement property/ credit greater than or equal to $30,000 but less than $150,000;
• Toon, Wayne Hontus II, aggravated assault date/ family/ house with weapon,
• Jackson, Barry Mark, driving while intoxicated third or more; and
• ZTE cellular phone, search warrant.