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Pot sold at fast-food window, cops say

By Gary Klien

A fast-food worker in Mill Valley was arrested yesterday on suspicion of selling marijuana through the drive-up window, sheriff's officials reported.

Carlos Leonel Ayala, 26, of Vallejo was arrested on his way to work at the Kentucky Fried Chicken at 515 Miller Ave., then booked into Marin County Jail on suspicion of drug sales and possession of a dangerous weapon, according to the jail.

Bail was set at $15,000. His earliest court hearing could be Monday afternoon.

Ayala's arrest came after a one-month investigation by the Marin County Major Crimes Task Force. According to sheriff's Lt. Rick Russell, the task force supervisor, police received information that drugs were being sold from the drive-up window along with food. The task force subsequently began sending undercover agents through the drive-up to make purchases.

"There (were) codes used for the amount of marijuana that was to be purchased," Russell said. "We believe he was selling it to anyone who placed an order (and) used the correct verbiage."

Sheriff's Sgt. Tim Lepinski said the investigation began when a man went to the drive-up window, ordered extra biscuits and got two baggies of pot instead.

"He went back and demanded his biscuits and returned the pot," Lepinski said. Then the man called Mill Valley police, who called the narcotics task force.

After arresting Ayala yesterday in the Black Point area of Novato, police served a search warrant at his residence on Drytown Court in Vallejo, just west of Marine World. Lepinski said detectives found a small amount of marijuana, about $500 in cash and a loaded Smith & Wesson .38-caliber handgun in the car, with extra ammunition.

Police found no drugs at the residence, but Lepinski said suspected drug packaging and "evidence of sales" were found there.

Investigators also served a search warrant at the Kentucky Fried Chicken, but found no drugs, Lepinski said. Police said the restaurant is less than 1,000 feet from Tamalpais High School, but it is not known whether students bought marijuana there. The investigation is continuing.

"It was during school hours that we made the majority of our buys," Lepinski said. "His proximity to the school is what concerns us most of all."

Although state law carries extra penalties for dealing hard drugs within 1,000 feet of a school, there appear to be no such enhancements for marijuana, according to officials with the task force and the District Attorney's Office.

Jim Nicol, a regional KFC spokesman based in South San Francisco, said the company will conduct a separate investigation of the incident.

"I've never heard anything like that happening at a KFC," he said. "If it did, we would be the first ones to jump in there and find out what is going on. We've been in Mill Valley a long time and we have a pretty dang good reputation. ... We'll do a full investigation, find out what's cooking and fix it."

Nicol declined to say how long Ayala has been working there, citing personnel confidentiality.

"He's a really nice kid," he said.

Drug investigations involving drive-through windows are not unprecedented in Marin. In 1999, police arrested a 26-year-old manager at the Burger King in Ignacio on suspicion of selling cocaine at the drive-up. Police said the suspect was keeping the cocaine in the restaurant's safe, then doling it to his customers in cups of ice.

I'll have a 3 piece meal, Extra Crispy... w/ a Side of Cryp....

Super size please...:D

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