Matthew Wayne Hallmark appeared before Spalding County Chief Magistrate Judge Rita Cavanaugh Thursday morning for a preliminary hearing on a single charge of being party to the crime of sale of methamphetamine.

Special Agent John Corley, a sergeant with the Spalding County Sheriff’s Office’s Special Operations Unit, arrested Hallmark Dec. 9, 2009, after an alleged drug sale took place between a confidential informant and Amanda Tindell.

“On Dec. 9, 2009, I had a confidential informant (CI) that made contact with an Amanda Tindell about buying some methamphetamine,” Corley testified.

He went on to say that the CI and Tindell arranged to meet at a liquor store — 19/41 Package, at 2004 North Expressway — to conduct the alleged drug sale.

Corley then drove the CI to 19/41 Package, leaving him waiting by the door. Shortly thereafter, he said Tindell arrived in a gray Ford Ranger driven by Hallmark.

“I had a visual on the transaction the whole time,” Corley said.

The drug deal allegedly took place only a few feet from Hallmark’s vehicle and involved the exchange of 1.2 gross grams of methamphetamine for $120.

Upon completion of the transaction, Corley said Hallmark left the location, driving north on Georgia Highway 3.

“Cpl. Howie Spitzer attempted to stop the vehicle, but he was taking a long time to stop,” Corley said.

At that time, Special Agent Scott McDaniel, who was also in the vicinity of the alleged drug buy, was contacted to assist.

Corley said as McDaniel moved to block the defendant’s vehicle, Hallmark’s Ranger struck the rear of McDaniel’s patrol car.

At this time, both Tindell and Hallmark were taken into custody.

Upon cross-examination, Hallmark’s defense attorney, Joyce Bussey, inquired as to how the CI had communicated with Tindell regarding the alleged drug transaction, and Corley said the correspondence had taken place via text messages.

Bussey also elicited testimony that no drugs were discovered on her client’s person or in his vehicle, and claimed there is no evidence Hallmark had knowledge of the content of the text messages.

Furthermore, Bussey said Tindell was the only person in possession of the money used in the drug buy.

She then asked Corley, “What did (Hallmark) do with knowledge to assist any in the drug transaction?”

Corley answered, “He drove her to the location and watched the transaction occur right in front of his eyes — or just to the right of him.”

In closing, Bussey argued that Hallmark had to have prior knowledge of the drug sale and there was no evidence presented that he possessed such knowledge.

“To view something is not to be involved,” she said.

Spalding County Assistant District Attorney Brad Collins disagreed, saying the transaction took place in his immediate vicinity, which indicated he was aware of what transpired.

Upon conclusion of closing arguments, Cavanaugh said she found the prosecution had presented probable cause for Hallmark to be bound over to stand trial in Spalding County Superior Court on the single charge sought — party to the crime of sale of methamphetamine.A