On May 29, 2012, and June 6, 2012, Hervey Clanton delivered cocaine in broad daylight within 1000 feet of a family housing complex. On June 13, 2012, a search warrant was served at the LaCasa Estates Housing Complex where Clanton was staying with his three young children and their mother.

The drug deliveries involved Elkhart Police Department undercover officers and a cooperating source. The deliveries took place at Energy Oil Gas Station on Main Street between Elkhart and Dunlap. Each time Clanton walked from the apartments, made the deliveries and returned home. There were children in the area, and when the warrant was served, scales, cocaine residue, marijuana and a loaded .40 handgun were found inside. Three hundred dollars in cash was found under a crib where a 1-year-old child slept.

Clanton was formally charged with two counts of Dealing in Cocaine within 1000 feet of a family housing complex and three counts of Neglect of a Dependent.

The case was tried before a jury in Elkhart Circuit Court on January 28, 2013, and the jury found Clanton guilty, and he was convicted on five criminal counts within 30 minutes. On March 28, 2013, Clanton was sentenced to 60 years of incarceration for his criminal acts. The case was tried by deputy prosecutors Don Pitzer and Katie Gring.