News and Press Releases


THURSDAY - February 26, 2009


RALEIGH - United States Attorney George E.B. Holding announced that in federal court here today United States District Judge James C. Dever, III, sentenced MITCHELL SWAIN, 41 of Plymouth, North Carolina, to 324 months’ imprisonment followed by five years supervised release.

A Federal Grand Jury returned a Superseding Criminal Indictment on March 26, 2008. On May 5, 2008, SWAIN pled guilty to conspiracy to distribute and possess with intent to distribute more than 50 grams of cocaine base (crack) and a quantity of cocaine. On June 27, 2007, a controlled buy was arranged. At the completion of the transaction, officers attempted to arrest SWAIN, but when officers activated their lights and sirens, SWAIN sped away in his vehicle. A high-speed chase ensued during which SWAIN threw drugs from the vehicle. At one point, while crossing a bridge, SWAIN slammed on his brakes causing a patrol vehicle to collide into his vehicle, causing it to spin and hitting a guard rail and colliding with another patrol vehicle. SWAIN refused to get out of his vehicle and officers had to wrestle SWAIN to the ground and requiring the officers to use a dry stun on him twice. A search warrant was executed on SWAINS’s residence in which marijuana, cocaine, $12,296, digital scales and a .380 caliber handgun was seized.

SWAIN’s previous convictions include two counts of larceny; injury to personal property; simple assault; injury to real property; resisting or obstructing a public officer; possession with intent to sell and deliver cocaine; maintaining a vehicle, dwelling or place for controlled substances; and possession of a controlled substance on prison or jail premises.

Mr. Holding stated, “I applaud the work of investigators in this case. Facing grave danger they pursued this defendant and made our community safer.”

Investigation of the case was conducted by the Bertie County Sheriff’s Office, the Washington County Sheriff’s Department and the Plymouth Police Department. Assistant United States Attorney Ethan Ontjes served as prosecutor for the government.


News releases are available on the U. S. Attorney’s web page at within 48 hours of release.

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