A police officer tried to pull over Cody Gregg back in August for not having the light turned on at the back of his bicycle when Gregg was arrested, according to USA TODAY. Gregg was currently on probation at that time.
The Oklahoman reports the affidavit shows there was a police chase, and that eventually Gregg jumped off his bike and ran away on foot. Eventually, the police officer caught up with Gregg and stopped in, then found “a large amount of white powder substance” tucked away in a coffee can in Gregg’s backpack, the affidavit states.
It was believed by the officer that the substance was cocaine “based on my training and experience,” and stated the substance initially came up positive for cocaine from a roadside test.
However, it was later revealed by lab testing that the substance was actually powdered milk. Gregg said to Oklahoma County District Judge Timothy R. Henderson that he obtained it from a food pantry, according to The Oklahoman.
Initially, Gregg pleaded not guilty to cocaine possession with the intent to distribute, which is a felony, but two almost two months later in the Oklahoma County Jail Gregg decided to plea guilty, after being held in jail since he was arrested in August. The Washington Post reported Gregg gave the guilty plea to the judge so he’d be able to leave the County Jail, which has been referred to as one of the worst in the United States.
Cody Gregg was given a 15-year prison sentence last week, but then the lab test results showed he wasn’t in possession of cocaine that ended up being just powdered milk. Gregg then requested to withdraw his guilty plea. Judge Henderson granted Gregg’s withdrawal last week on Thursday, and that Friday the case was dismissed.
The Washington Post noted even though roadside illegal substance tests such as the one used in Gregg’s case often result in false positives, many police departments are still using them.