It's one thing to proudly and loudly comment on your own mugshot that your charges were dropped, only to be very publicly informed by the chief of police that the charges have, in fact, not been dropped.

But it's one heck of another thing to find yourself in the custody of federal agents a few short months later.

But such is the turn of events for Xavier DeWayne Cunningham, aka Wavy. The 40-year-old Borger native was arrested on May 24th by officers with Borger Police Department on charges of evading arrest and possession of a controlled substance.

He was released on bond several days later and quickly made himself heard on his booking photo posted on the Facebook page, Hutchinson County Mugshots.


In a series of now-deleted comments, Cunningham's contention was that his charges had been dropped. The assertion was met by a strong rebuttal from the Chief of Police for Borger, Donnie Davis.


Following the kerfuffle on social media, the dust soon settled and all seemed to be well....Until recently.

DEA Pays Visit To Borger

Agents with the Drug Enforcement Agency arrested Cunningham in Borger on Monday, October 24th. He was transported to Randall County Jail where he remains on a federal hold.

Randall County
Randall County

Federal court records with the Northern District of Texas show that Cunningham was indicted by grand jury on September 22 on a charge of Possession With Intent to Distribute Methamphetamine, a violation of 21 USC 841(a)(1) and 841(b)(1)(C).

The indictment is derived from Cunningham's arrest on May 23rd in Borger.

Cunningham's arraignment is set for Friday, October 26th and a tentative jury trial has been set for December 12, pending any motions to continue.

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Let's just say that these folks are in t-r-o-u-b-l-e.

Note from editor: An indictment is not a conviction. All individuals shown below who have not appeared in court for a judgement are to be presumed innocent until proven guilty.

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