Wednesday, December 16, 2009

Jury trials set in felony drug cases

Man charged with growing marijuana faces up to 5 years


Daniel E. Collins

Jury trials have been scheduled for three Blaine County men accused of various felony drug crimes, while a fourth drug case may be settled prior to trial.

Suspects in all four cases pleaded not guilty at arraignments Monday in Blaine County 5th District Court. All remain free either on bond or their own recognizance.

Daniel E. Collins

Trial was set for April 20 for Daniel P. Collins, a 64-year-old Hulen Meadows resident charged with manufacturing marijuana, a crime punishable in Idaho by up to five years in prison. Collins is also charged with a second-offense sentence enhancement for a misdemeanor drug paraphernalia conviction in 2003. Judge Robert J. Elgee advised Collins that the enhancement charge can potentially double the sentence for manufacturing marijuana.

Collins, a disabled Vietnam veteran, has claimed that he uses marijuana for medical reasons to help with back pain from an injury he received while in the U.S. Navy.

The Blaine County Narcotics Enforcement Team raided his home north of Ketchum on Sept. 18 and allegedly found three growing marijuana plants, several others drying and equipment used for cultivating marijuana.

David P. Marks

David P. Marks, a 35-year-old Hailey man, is charged with possession of marijuana in excess of three ounces, a crime punishable in Idaho by up to five years in prison. A trial was not scheduled for him after defense attorney Andrew Parnes advised Elgee that a settlement is being discussed with the Blaine County Prosecuting Attorney's Office. Elgee instead scheduled a status hearing for Jan. 11.

Marks is also charged with misdemeanor crimes of possession of a controlled substance and possession of drug paraphernalia. Elgee advised Marks that each of the misdemeanor crimes is punishable by up to a year in jail.

A Hailey Police Department probable-cause affidavit alleges that Marks was in possession of 6.426 ounces of marijuana when his home on Aspen Drive was searched by police on Aug. 1. Police also allege that Marks was in illegal possession of an Alprazolam tablet and various pipes and items used for smoking marijuana.

Calen I. Moore

Trial was set for April 13 for Calen I. Moore, a 32-year-old Ketchum resident charged with delivery of marijuana. Elgee advised Moore that the crime is punishable by up to five years in prison.

A probable cause affidavit filed by Idaho State Police alleges that Moore sold $100 worth of marijuana to an undercover ISP detective on Feb. 26. Moore wasn't charged with the crime until Oct. 13. He was not arrested. Instead, a summons was issued advising him of the charge and his initial court appearance.

Mathew R. Fleming

Trial was set for April 28 for Mathew R. Fleming, a 20-year-old Hailey man charged with delivery of a controlled substance for allegedly selling two ecstasy tablets to a Narcotics Enforcement Team confidential informant on Nov. 11. Elgee advised Fleming that the crime is punishable in Idaho by up to life in prison.

Fleming has two other cases against him in Blaine County. One is a felony charge of possession of marijuana in excess of three ounces that was filed against him on Dec. 1. He's also charged with grand theft and burglary, both felonies, for allegedly stealing equipment from the Hailey Police Department on Oct. 11. Both cases are still pending in Blaine County Magistrate Court.

Terry Smith: tsmith@mtexpress.com




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