Crime & Courts

Driver swerved while watching Tupac/Biggie film. Cops say he had drugs, $220K+ cash.

As he drove through Charlotte carrying drugs and more than $220,000 in cash, Mitchell Gays watched an episode of “Unsolved,” a crime drama based on the killings of rival rap stars Tupac Shakur and Biggie Smalls, a new court document says.

The title of the episode: “Wherever It Leads.”

For Gays, the difficulty of following the storyline while keeping his rented SUV between the white lines has led to nowhere good, the document reveals.

First, his erratic driving led to a traffic stop by Charlotte-Mecklenburg police. Which led to his arrest on a felony drug charge as well as reckless driving.

Now it could lead him back to Charlotte. On Friday, Gays’ name surfaced at the center of what could be a federal court fight over who gets to keep all that money — $221,425 to be exact.

The U.S. Attorney’s Office in Charlotte has made the first claim, filing a forfeiture notice in federal court on Friday that includes the details of Gays’ eventful spring odyssey through the city.

Gay’s attorney, David Michael of San Francisco, did not respond to an Observer email Wednesday seeking comment.

On April 27, Gays crossed paths with Charlotte-Mecklenburg police Officer Ryan Shields, who spotted a white Range Rover with Oklahoma plates, traveling on Interstate 485, between West Boulevard and Interstate 85.

According to the court filing, Shields first saw the SUV almost swerve off the interstate, its two right tires spraying up dirt as they left the pavement. As he continued following, Shields saw the Range Rover exit at the West Boulevard ramp and swerve again — this time left — partially crossing the middle line.

Shields then noticed what might have been distracting the driver. As he drove, according to the document, Gays was watching a movie on an iPad mounted on his windshield.

Shields ended the screening when he pulled over the SUV on West Boulevard, not far from the airport. When Shields reached the car, the driver handed over his license. It identified him as Mitchell Reed Gays, the document alleges.

According to the document, Shields smelled marijuana, and asked Gays if he was carrying the drug.

Gays paused and stared at his feet. “Uh? Yes sir, it’s in the bag,” he said, pointing toward the passenger-side floorboard.

A new court document says Mitchell Gays was watching a movie on his windshield-mounted iPad when he was stopped by Charlotte-Mecklenburg police in April. Now federal prosecutors want to seize the $220,000 police found in Gays’ car.
A new court document says Mitchell Gays was watching a movie on his windshield-mounted iPad when he was stopped by Charlotte-Mecklenburg police in April. Now federal prosecutors want to seize the $220,000 police found in Gays’ car. Mecklenburg County Jail

Shields asked Gays to get out the car. While two other officers searched the SUV, Gays told Shields that he was a community college student who had started the drive that day in Washington, D.C., and was headed to Atlanta to catch a West Coast flight home.

Meanwhile, the police search of the vehicle had come up with 4 grams of marijuana, a gram of cocaine, what appeared to be a drug ledger and stacks of rubber-banded, plastic-wrapped 20-, 50- and 100-dollar bills in the trunk, the federal document says.

Later, when asked at the police station about the cash, Gays told his police interrogators that he did not know the exact amount, but that he had withdrawn it from his bank account because, referencing the pandemic, “these are crazy times.”

If there was a deposit slip or any other proof of the transaction, Gays could not provide it, according to the filing. He also refused to discuss his job status or lifestyle. Police would later determine that Gays did not have a job or any known source of income.

Outside the room, a federal K9 drug dog named Enzo sniffed the cash and found evidence of drugs, the federal filing claims. That led Assistant U.S. Attorney Seth Roberts to ask the courts to issue an arrest warrant for the entire amount. On Wednesday, federal Clerk of Court Frank Johns did just that.

According to the Washington Post, some $2 billion was seized from airport travelers alone between 2000-2016. Most were never charged with a crime.

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Gays, on the other hand, was traveling overland. CMPD also charged him with felony possession of cocaine, misdemeanor possession of marijuana and drug paraphernalia, as well as misdemeanor careless/reckless driving.

As a formality, prosecutors listed Gays as among those who may “claim an interest” in recovering the money. Shortly after his arrest, however, Gays showed a surprising lack of interest.

Asked during the police interview how he would feel if his money were seized, according to the document, Gays shrugged his shoulders and said “OK.”

Mitchell Gays was arrested while carrying more than $220,000 in the trunk of his rental car when he was stopped in Charlotte on April 27. Now federal prosecutors want a judge’s go-ahead to keep it, believing the currency is tied to drugs.
Mitchell Gays was arrested while carrying more than $220,000 in the trunk of his rental car when he was stopped in Charlotte on April 27. Now federal prosecutors want a judge’s go-ahead to keep it, believing the currency is tied to drugs. U.S. Attorney's Office

This story was originally published August 13, 2020 at 6:00 AM.

Michael Gordon
The Charlotte Observer
Michael Gordon has been the Observer’s legal affairs writer since 2013. He has been an editor and reporter at the paper since 1992, occasionally writing about schools, religion, politics and sports. He spent two summers as “Bikin Mike,” filing stories as he pedaled across the Carolinas.
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