Dasha Fincher: 5 Fast Facts You Need to Know

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While Dahsa Fincher was in a Macon, Georgia jail on an impossible bond to raise, $1 million, a serious illness she suffers from was not allowed to be treated. An injury sustained while she was in jail too went untreated. And, she was not there for her family during both painful and joyous occasions: her daughter suffering a miscarriage and her daughter-in-law giving birth to her twin grandsons.

For the three months Fincher, 40, stayed locked up on drug charges, her world was generally turned upside down. Ultimately, she was released and the charges were dropped.

But Fincher is suing because the drugs she was alleged to have possessed and trafficked were not drugs. It was a bag of shriveled cotton candy. She told the cops as much that night. But she was placed under arrest and imprisoned for more than 13 weeks, not for trafficking in methamphetamine but for having a car littered with evidence of kids.

Fincher’s federal lawsuit is serious business, though. She alleges she was falsely arrested and incarcerated willfully and wrongfully in violation of her Constitutional rights. She is suing for damages for false arrest, false imprisonment, malicious arrest, malicious imprisonment, and a malicious prosecution. And a slew of other charges of neglect and abuse while she was in jail.

Here’s what you need to know:


1. Fincher & David Morris Jr. Were Pulled Over on New Year’s Eve in 2016. Deputies Searched The Car & Found a Bag Containing a Blue crystalized Substance. Cops Ran a Field-Test & Said it Was Meth. Fincher Said it Was Cotton Candy.

Fincher was in a car driven by Morris. Deputies Cody Maples and Allen Henderson pulled them over, on a pretext, her lawsuit alleges, that the car’s window tint was too dark. After telling them the car’s window tint didn’t end up violating the law after they were pulled over, the deputies said they had suspended licenses and then asked to search the car, according to court records.

They discovered a “plastic bag filled with a blue crystal-like substance in the passenger side floorboard,” court documents read. Records show the initial incident report states that Fincher seemed nervous and described her as “shaking” and “very anxious” when she was asked about the baggie. She insisted it was the remnants of the dried sugary confection.

But the deputies ran a field test called a Nark II roadside kit. They said at the scene the substance came back positive for crystal meth.

The two were arrested.


2. Fincher Was Charged with Trafficking & Possessing Meth. A Judge Set Bond at $1 Million & She Was Put in Jail Awaiting Official Drug Testing by the GBI

Fincher was charged with trafficking meth and possession of meth with intent to distribute. A judge ordered her to be jailed on a $1 million bond, which she couldn’t afford, so in jail she remained for months while the GBI tested the substance.

Fincher’s lawsuit says it was the faulty test reported by the two Monroe County deputies, Maples and Henderson and the test kit manufacturer, Sirchie, that led to her incarceration. And a chain of failures afterward.


3. GBI Knew the Substance Was, Well, Cotton Candy on March 22 of 2017. It Took Weeks For Fincher to be Released. It Wasn’t the First Time Georgians Had Been Arrested & Jailed for Drugs That Were Not Drugs

I-Team: Innocent Georgians Jailed Over False Positives From Drug Field Test KitsBy: Randy Travis Aired: Jul 09 2018 DORAVILLE, Ga. – Innocent Georgians are winding up in jail — sometimes for weeks — because of a positive field drug test that ultimately winds up being reversed. Law enforcement agencies across the country routinely use these $2 disposable tests as part of their initial investigation when they suspect someone has drugs. But a FOX 5 I-Team investigative revealed how police claim those tests showed positive results for items that clearly had nothing to do with illegal drugs. Cotton Candy. Goody's Headache Powder. Breath mints. Vitamins. On their way home from a rare dinner out last October, Simon Cofie and his wife Clarice Doku were stopped by a Doraville police officer because he spotted a plastic cover over their license plate. Simon told us he bought the cover at an auto parts store because he wanted to keep his Dodge Charger looking clean and sharp. According to the police video, the Doraville officer also believed he smelled a "little odor of marijuana." Simon and Clarice told us they do not smoke marijuana. None was found. "If I don't find anything, you guys can go on your way, ok?" the Doraville officer told them. "If I do find something, someone's going to jail tonight." Someone did go to jail, but just like dozens of others across the country, it wasn't because they had something illegal. It's because a field drug test wrongly said they did. "I said, I know I'm innocent," Clarice remembered. "So whatever is going to come, I know I'm innocent." Simon and Clarice are newlyweds trying to have a baby. Last year she was taking a popular vitamin — folic acid — in hopes of improving their chances. She said she put half the tablets in a plastic baggy so she wouldn't forget to also take them at work. Doraville police found that baggy in their glove compartment and immediately put the couple in handcuffs, suspecting they were trafficking ecstasy. On the police bodycam video, you can hear the officers discussing those tablets. "It does look like X though," remarked one. "There's no markings on it." "She says it's folic acid," a second Doraville officer replied. "She bought it at Wal-Mart. She split it, putting half in here and half in the bottle when she's at work." "With no markings?" asked the first officer. "Even vitamins have markings on them." Actually, vitamins often do not have any markings. To check their hunch, Doraville police did a quick field test on those white tablets, using a NARK II field test kit manufactured by Sirchie, which markets itself as "the world leader in criminal investigation and forensic supplies." According to the Doraville police report, the white tablets tested positive for Ecstasy. "We thought we were watching a movie," remembered Simon. "We knew that this is folic acid. A common vitamin." The couple wound up in the DeKalb County jail for two weeks until their public defender could convince a judge to release them on a signature bond. "I kept crying all the time," Clarice admitted. "We've never been in jail in our life," said Simon. "And being there was like a different world to me." By the time they got out, the damage had been done. Clarice's employer fired her for not showing up to work. Simon missed his swearing-in ceremony to become an American citizen. Five months later, the GBI Crime lab released its own findings on those white tablets: negative for controlled substances. The case was dropped. Charges dismissed. "Do you think these tests are sending innocent people to jail?" I asked the couple. "Yes," they said. "And we are using ourselves as an example. We want everybody to know, whole country to be aware of this." FULL STORY: http://www.fox5atlanta.com/news/i-team/innocent-georgians-jailed-over-false-positives-from-drug-field-test-kits2018-07-11T20:09:47.000Z

In March 2017, the GBI said the blue material contained no controlled substances, and she was released from jail on April 4 with her charges dropped about two weeks later, the lawsuit said.

And “although the Georgia Bureau of Investigation, Division of Forensic Sciences, issued their report showing the sealed bag of blue solid material had no controlled substances on March 22, 2017, Dasha Fincher was not released from jail until April 4, 2017. She was bonded out on her own recognizance at that time.”

Two weeks later she had to go back to court and it was then that the charges were dropped. But, the arrest for trafficking of methamphetamine and possession of methamphetamine with intent to distribute remains on Dasha Fincher’s record.


4. A Lot Had Happened to Her & Her Family While She Was Locked Up Waiting to Find Out the Cotton Candy on the Floor of the Car Was Cotton Candy

Fincher said she suffered in jail And her family did, too. On January 10, 2017, her daughter-in-law gave birth to twin boys. She’d planned on being there “for the birth as her daughter-in-law does not have a mother in her life,” the lawsuit reads.

After the babies were born, her “son visited her in jail to introduce her to her new grandsons. When her son arrived, he was arrested for an outstanding failure to appear bench warrant.” That incident worsened an already unbearable situation and Fincher, “following her son’s arrest, frustrated with her incarceration, injured her hand on a concrete wall, resulting in a broken hand.” She was seen by a doctor but because of swelling, got a brace and was to return for a full cast.

Monroe County refused to bring her back for treatment and, for physical therapy; it was not allowed, her lawsuit reads. She “continues to suffer from the lack of proper medical attention” while she was in jail.

Also while incarcerated, her daughter suffered a miscarriage: “Rather than being there to console and assist her daughter during this time, she was incarcerated for being present in a car in which a bag of blue cotton candy was left in the floor board.”

And, Fincher “also informed the Sheriff that she had a cyst on her ovary that required medical attention. She was taken once to the ER for her cyst, but was not allowed to have follow-up treatment with an OB/GYN, as recommended. Despite repeated requests, she was denied proper medical treatment. One female jailer even went so far as to tell her to ‘get over it’ because she, herself, had had an ovarian cyst before.”


5. Fincher Filed a Federal Lawsuit Against Monroe County Georgia’s Board of Commissioners, the Two Sheriff’s Deputies & the Drug Test Comonay

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Fincher filed a lawsuit in federal court against the board of commissioners in Monroe County, the two deputies and the drug test manufacturer Sirchie Acquisition Company.

“This is a civil action arising from the wrongful, unlawful and false arrest and incarceration of Dasha Fincher caused by the willful and wrongful acts of the Defendants in violation of Dasha Fincher’s rights under the Fourth Amendment of the United States Constitution,” reads the complaint filed in federal district court for Georgia’s middle district, Macon County.

Fincher seeks money damages for what she went through. Her claims are that the defendants are responsible for “false
arrest, false imprisonment, malicious arrest, malicious imprisonment, malicious prosecution, negligent employment, negligent training, negligent infliction of emotional distress, negligent inmate care, negligent medical care, gross negligence, intentional infliction of emotional distress, improper manufacture of the roadside drug testing kit, negligent design of the drug testing kit, failure to warn of false results from the drug testing kit, failure to provide adequate instructions on use of the roadside drug testing kit and personal injury.

Also, the suit claims police dashcam video shows Fincher “calm” while talking to police. She argues in her lawsuit that “the deputies should have known the drug test could result in false positives, that it would have been unlikely for someone to leave a large bag of meth in plain sight and that the county improperly trained them how to identify illicit drugs. And, The test kits, according to the suit, have a “history of producing false positive results.”

Fincher is seeking punitive damages, as well as attorney and court fees.