Attorney Gary Wayne Pendleton has been accused of accepting drugs in payment for legal services.
Central to the case is a videotape allegedly showing several people snorting what appears to be methamphetamine powder.The tape was made in November 1995 by Donald and Shannon Mills, whom Pendleton had represented in a weapons-violation case. Donald Mills claims the drugs were partial payment for Pendleton's work, according to documents filed last week in 5th District Court in St. George.
Pendleton, 46, is charged with being a party to distribution of a controlled substance and arranging distribution of a controlled substance, both second-degree felonies; and possession of a controlled substance and solicitation of the distribution of a controlled substance, third-degree felonies.
He could not be reached for comment.
Prosecutors say the case may have to be moved from Washington County because of Pendleton's familiarity with local judges. The case is being handled by the Utah Attorney General's Office, which declined comment Tuesday.
Pendleton was arrested April 30. He was booked into the Washington County Jail and released on $30,000 bond. During the booking process, police allowed Pendleton to call an acquaintance, Debra N. Preheim, to urge her to turn herself in.
Preheim, 35, and Randall Dorel Greenhalgh, 39, are each charged with a third-degree felony count of possession or use of a controlled substance.
Donald Mills made the video on Nov. 5, 1995, with a camera hidden on top of his refrigerator, said Deputy Washington County Attorney Brian Filter.
Mills approached prosecutors about turning over the tape last year after his wife was arrested in Iron County on drug and weapons charges, and he found himself facing convictions for aggravated kidnapping and drug distribution, Filter said. Negotiations with Mills broke down, but police eventually obtained the videotape with a search warrant.
Ultimately, as part of a plea bargain, Donald Mills pleaded to reduced charges and agreed to testify against Pendleton, Preheim and Greenhalgh.
Pendleton also is accused of arranging a drugs-for-payment deal with Robert Ross Hernandez, who also is scheduled to testify against Pendleton.
In November 1995, Hernandez and his girlfriend were in the Washington County Jail after being arrested on drug charges. They learned from another inmate - Heather Berlin - that Pendleton was "a real good lawyer and that Hernandez could pay his legal fees in drugs and money," according to charging documents.