Judge Throws Out One Count Against Former DEA Agent : Trial: Jurors begin deliberating on the five remaining felony charges, which concern narcotics trafficking and money laundering.

A federal judge in Los Angeles on Friday dismissed one of six felony counts against a former drug agent, but not until government and defense lawyers completed final arguments in a Drug Enforcement Administration corruption trial.

Veteran lawyers said it was unusual for a judge to make such a last-minute decision before jury deliberations begin, but called the ruling ethically correct and commended him for it.

U.S. District Judge Terry J. Hatter Jr., dismissed the count against former DEA Agent Darnell Garcia, 44, of Rancho Palos Verdes. He now faces five counts of drug trafficking and money laundering.

The sixth count charged that Garcia passed DEA intelligence information in 1987 to a fugitive drug trafficker Elrader (Ray Ray) Browning, who is now serving a life prison sentence.

According to a government memo, the charge was sparked by information picked up by a DEA agent monitoring a telephone tap on Browning’s girlfriend. The agent heard Browning tell her that he had been warned of an imminent arrest, the memo said.

Hatter dismissed the charge--which carried a maximum penalty of five years in prison and a $5,000 fine--telling attorneys there was not enough evidence to convict Garcia on it.

Jurors, who began deliberations Friday after a four-month trial, were then instructed by Hatter that the count was eliminated.

A Garcia defense attorney, Mark Overland, had asked for dismissal of the sixth count several weeks ago. He could not be reached for comment. Government prosecutors declined to comment.

The other five felony counts carry a maximum prison sentence of 90 years, plus fines of almost $6 million.

An attorney for a state criminal lawyers group said it was unusual for a judge to make such a decision after closing arguments. For the most part, he said, the decision is made before closing arguments so that attorneys do not have to address moot points.

On the other hand, said the lawyer, Philip H. Pennypacker, a San Jose criminal attorney and vice president of California Attorneys for Criminal Justice, Hatter’s move was correct.

“Ethically, that shows a lot of courage on his part to do it in that fashion,” he said. “And it simplifies the decision process for the jury so they won’t be wasting time on that one count.”

Veteran Los Angeles criminal attorney Stanley Greenberg, who is not participating in the Garcia trial, agreed. He said it was better to make the decision at that point rather than after a verdict, possibly forcing retrial of the case.

“Judge Hatter is a very thoughtful man,” Greenberg said. “It is unusual, but it indicated he’s certainly been giving (the count) some thought.”

Jurors are scheduled to resume deliberations on Monday.