Count One of the indictment charged that he and other defendants conspired together to possess with the intent to distribute and to distribute more than 500 grams of cocaine. Some of the co-defendants pled guilty pursuant to plea agreements.
Phenicie and three other co-defendants were tried by a jury. That trial ended in a conviction for one of the defendants and mistrials for Phenicie and the other co-defendants. On August 21, 1989, Phenicie went to trial again on these charges. He was convicted on August 23, 1989.
He was sentenced to 189 months. 3 At trial, numerous co-defendants testified against Phenicie. First, Danny Lanham testified that he bought cocaine from Nickalaus Phenicie, Randy Hughes and Gary Tunsky three times in May, 1987 at Randy Hughes' parents' home in Glen Burnie, Maryland. Some time after those transactions, Hughes and Tunsky were arrested.
In June, 1987, Lanham spoke to Nickalaus Phenicie about Hughes' and Tunsky's arrests and about the further purchase of cocaine. Phenicie indicated that he was happy that they were arrested because he did not like the way they had set up their business. He also told Lanham that he would continue to supply him with cocaine.
After this conversation, Lanham met with Nickalaus Phenicie and Phenicie's brother Chris at Lanham's town house in Glen Burnie, Maryland. At that time, Nickalaus delivered cocaine to Lanham, and told Lanham that if Lanham needed more cocaine, he, Nickalaus, would send the cocaine from his home in California to his brother Chris in North Carolina who would then take the cocaine to Maryland.