 Donald Fontana Donald Fontana, a pilot from Plano, Texas, was found not guilty Wednesday on charges related to a major drug bust that took place in Peachtree City in Aug. 2009.
Rene Perez, 31, and Adrian Perez, 23, both of San Marcos, Texas and Jorge Olivo, 24, of Roswell, Ga. all previously pled guilty to their roles in the drug trafficking scheme, in which the men transported cocaine by private plane from Zapata, Texas to Falcon Field Peachtree City Airport. Fontana was the pilot and the only suspect to go to trial.
A federal judge announced the Fontana verdict in the Newnan District Federal Court Wednesday afternoon, finding the 68-year-old pilot not guilty of two separate counts: cocaine conspiracy with the intent to distribute and possession of cocaine with the intent to distribute.
The U.S. Immigration and Customs Enforcement arrested Fontana, along with the four that pled guilty, on the same August day that they landed in Peachtree City. ICE agents in Atlanta received information that a Cessna 421-C airplane owned and operated by Fontana that contained drugs would arrive Aug. 29 at Falcon Field.
According to ICE reports, ICE agents observed Fontana land the aircraft at Falcon Field and exit with two passengers later identified as Rene Perez and Adrian Perez. Fontana, Rene Perez, and Adrian Perez then allegedly offloaded six bags from the aircraft. ICE agents maintained surveillance as Fontana was dropped off at a local Sleep Inn hotel, and Rene Perez and Adrian Perez were dropped off with the six bags at a local Best Western hotel.
About one hour later, another vehicle arrived at the Best Western hotel driven by a person later identified as Jorge Olivo. ICE agents observed Olivo and Adrian Perez place the same bags into the vehicle outside. Olivo then left the hotel area after the bags had been loaded, and Peachtree City police officers attempted to conduct a traffic stop on the vehicle operated by Olivo. Olivo allegedly observed the marked police car approaching and began to flee at a high rate of speed. After a lengthy chase, Olivo was apprehended and a search of the vehicle revealed several bags containing about 173 kilograms (380 lbs.) of cocaine. Adrian Perez was arrested after he attempted to flee the Best Western hotel that evening.
Fontana maintained his innocence since that time, saying he did not knowingly distribute drugs, or knowingly take part in any of the other attempts that pertained to smuggling drugs through Falcon Field.
However, during closing arguments, U.S. attorney David Suchar claimed from October 2008 to August 2009, the defendant deliberately "turned a blind eye" to what should have been suspicions that drugs and contraband were in the bags of Perez, who had made several single trips to Peachtree City.
Suchar said many of those trips contained approximately four to six bags that were 100 pounds each, flying from Zapata, an area near the Mexican border, known for drug-related activity. Prosecutors addressed several other factors they believe holds Fontana accountable for his role in the crime, including payments of up to $17,000 "in bundles of cash" that he received from Perez.
According to testimonies in the case, in one instance, the handle on one of Perez's drug-filled bags broke, causing it to give off a pungent smell of marijuana that prosecutors said Fontano should have smelled due to the plane's close quarters.
"Fontana even jokingly asked if there were $100 bills in one of the heavy bags," said Suchar.
He noted witnesses as well as Fonatana should have taken notice of $20 to $40 tips given to ramp staff.
Defense attorney Page Pate spoke about the charges in his closing argument, saying "there was no evidence that he recognized the problem" or that the defendant "turned a blind eye to the illegal contents in the bags." Though the Texas area is known for drug crimes, he noted that Fontana had visited that area before to do oil business and real estate business.
Fontana's family and friends also testified to his character during the trial, saying he is a church-going man. His wife also took the stand, who said, drugs have no place in her home.
Descibed as a wealthy man, Fontana has been a pilot since 1966. Over the years, he's served as a flight instructor, earning more than 12,000 flight hours.
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