State declines to prosecute cocaine case

Insufficient evidence to prove the crime that was charged.

That is the reason the 12th Circuit state attorney declined to prosecute Malkijah Underwood, 19, of Bradenton, after Bradenton Beach Police Officer Alexander Hurt arrested him Dec. 2, 2017, for allegedly possessing 12 bags of cocaine.

Underwood was a passenger in a vehicle stopped by BBPD at 127th Street West and Cortez Road in Cortez.

The state attorney’s office explained the March 5 decision in a memo, saying the state “must show the defendant knowingly possessed the controlled substance by exercising dominion and control over the substance.”

“Here, the defendant made no admissions” about the substance and was “not the sole occupant of the vehicle,” the memo continued.

The memo concluded the state declined the case because it could not prove the crime beyond a reasonable doubt.

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