Tucker Fountain Arrest Report Released

The following is a verbatim transcript of incident report # 13-077223 by officer N.H. Williams of the DeKalb Police Department, containing the circumstances surrounding the arrest of Old Tucker Fountain owner Michael Lee Holcomb on July 16. 

On 7-16-2013, at approximately 1728 hours, undercover officer Sgt. Garber #2413 observed a green 2000 Chrysler Town & Country van bearing GA tag #BSE3473 in the area of LaVista Road and I-285 when the vehicle cut him off. Sgt. Garber stated that he smelled a strong odor of burning marijuana coming from the vehicle. Sgt. Garber observed two males, one in the driver seat and one in the front passenger seat. The males were passing a cigarette back and forth. Sgt. Garber followed the vehicle to the Bank of America parking lot, located at 2333 Main Street.

I made contact with the van and that was parked and smelled a strong odor of burnt marijuana coming from the van. I instructed the driver, Mr. Holcomb, and the passenger, Mr. Sanders, to show me their hands and they complied. I appoached the van and advised Mr. Holcomb to turn off his van which he did and handed me the keys. I advised the driver to step out of the vehicle and I patted him down for weapons. I did the same for the passenger and told them to stand in front of the van. I asked them if they would take the items out of their pockets and place them on the van. Mr. Sanders pulled out a glass pipe. He stated he smokes marijuana out the pipe. The suspects did and I advised Mr. Holcomb that I was going to search his van because I smelled a odor of burnt marijuana.  

I observed a metal bowl on the floor between the driver and passenger seat. In that bowl were two burnt marijuana cigarettes and what I thought was a larger burnt marijuana cigarette. I later found out that it was schedule 1 drug by the name of psilocybin aka "shrooms." I initially gave the suspects a citation. A wrecker was called to pick up the van because it did not have any insurance and Mr. Holcomb advised me it did not have any insurance. 

As I looked at the evidence I realized that what I thought to be a larger marijuana cigarette was a "shroom." Officer Correa # 3015 and I reengaged the suspects which were in Mr. Holcomb's restaurant "The Old Tucker Fountain." Mr. Holcomb was on the phone and his door was locked. He unlocked the door and we advised the suspects that we needed to talk them on the side of his building. Mr. Sanderrs complied right away but Mr. Holcomb advised me that he was on a business call and started to pace inside the restaurant. He reached for his pocket and we told him not to go inside his pocket. Mr. Holcomb walked to pick up his keys so he could lock the doors and walked toward the front. He stopped and paced again and tried to walk back to the register. Officer Correa and I continued to ask him to walk outside during his pacing and talking on the phone.  

When he continued to walk away from us, I grabbed Mr. Holcomb by the arm and told him that he was under arrest. He continued to walk away from us and reached for his pocket again. We advised Mr. Holcomb to stop resisting and he tried to pull his hand away from us. We managed to place his hands behind his back and I handcuffed him. Officer Correa searched him upon incident to arrest and located some green leafy substances thought to be marijuana in his right cargo pocket (wrapped in a napkin) and left cargo pocket (wrapped in a clear wrap). A blue smoking pipe was also in his left cargo pocket.

I had reason to believe that Mr. Holcomb got additional marijuana from inside his restaurant because he advised everything was out of his pockets when I asked him to take everything out. 

When I asked who's mushroom I found inside the van Mr. Holcomb stated, "I guess mine since it's my van."      

The contraband was placed into the property room.

A search warrant was obtained and his restaurant was searched. No illegal drugs were found. 

Mr. Holcomb was arrested, transported and lodged in DeKalb County Jail. Warrants are as follows: VGCSA less than an ounce 13-W-033501, no insurance 13-W-033502, VGCSA possession of psilocybin 13-W-033503, and obstruction 13-W-033504.