DA will charge Willie Nelson's crew

District Attorney Dewey Hudson said six Willie Nelson band members charged with having marijuana and moonshine at a January show in Kenansville “are not above the law.”

He said as a prosecutor he is bound to follow the law, but as a lawmaker he would consider marijuana decriminalization and said it is worth debate in the General Assembly. Hudson is running as a Democratic candidate for N.C. Senate District 10, which covers Duplin, Lenoir and Sampson counties.

“A lot of experts believe alcohol does much more damage to individuals and society, and it is legal,” he said Friday. “I can see it both ways and understand the arguments.”

He said he has been inundated with inquiries from the public whether the band would be given a pass, and Hudson said the answer is no.

The charges against long-time Nelson guitarist Dan Spears and five other members of the band are still pending, Hudson announced at a Friday press conference.

Substances — believed to be marijuana by N.C. Alcohol Law Enforcement agents who confiscated it from band members Jan. 28 — are being tested at the SBI crime lab in Raleigh, he said.

The six members of Nelson’s band who were issued citations on either possession of marijuana or possession of non-tax-paid alcohol were outside the Duplin County Events Center when ALE agents allegedly smelled burning marijuana coming from the band’s bus.

Nelson, who had not yet arrived, canceled the show. His staff said the show was called off because the musician’s hand was hurting. Many of Nelson’s fans waiting for the show said they felt it was canceled because of the bust. Nelson played other out-of-state dates the same week, but canceled a show scheduled for Asheville.

N.C. State Sen. Charlie Albertson, D-District 10, who is not seeking re-election, recorded a song critical of ALE and the charges filed against Nelson's band.

He said it appears ALE made a special effort to bust the band.

Although critics say ALE agents were playing cowboy that night, Hudson said ALE told him previous events at the venue had became unruly and they were asked by local law enforcement to help monitor the crowd.

An ALE spokesman said the bust was coincidental, but Albertson said ALE’s codename for the event was “Operation On the Road Again,” named for one of Nelson’s most recognizable chart-topping songs.

Attorneys for the band have alluded they will claim selective prosecution in that ALE focused on band members because they were famous.

The six members have a scheduled April 21 court date.

Charges are also pending against the event manager, who is accused of interfering with the ALE. Charges against some show attendees who were cited with minor alcohol violations have been dismissed.

Contact Lindell Kay at 910-219-8456 or lkay@freedomenc.com.