Gun charges dismissed in coroner case
By TOM BERRY
Staff Writer
Drug charges against Calloway County Coroner Mike Garland will be considered by a Calloway County Grand Jury for possible indictment next month, but without allegations of felony firearm enhancement.
During Garland's appearance in Calloway District Court Friday morning for a preliminary hearing, Murray attorney Gary Haverstock moved that the court dismiss weapons-related charges against his client following questioning of Kentucky State Police Trooper Darrell Jones concerning the details of the Sept. 3 arrest.
Marshall Assistant County Attorney Jason Darnall, a special prosecutor assigned to the case, agreed to drop firearms-enhanced allegations concerning marijuana possession charges. However Garland, 39, could still face indictment on a felony charge of cultivating more than five marijuana plant as well as misdemeanor possession of marijuana and drug paraphernalia.
Haverstock also moved to have charges of possession of marijuana and drug paraphernalia against Garland's wife, Tina, dropped on Jones' testimony that Mike Garland allegedly told police the marijuana was his when advised that his wife could also face a felony charge. Darnall disagreed, though, saying Tina Garland lived in the home and was aware of a crime being committed.
Whitesell ruled that misdemeanor possession charges against Tina Garland would go forward to the grand jury as well.
Both Garlands pleaded not guilty to all charges during arraignment last month. The pleas have not been changed.
During questioning by both Haverstock and Darnall, Jones, one of several KSP officers who took part in the investigation and arrests, said the team of law enforcement officers were directed to the Garland home at 614 Bailey Rd. during helicopter reconnaissance by members of the Governor's Marijuana Strike Force.
He said no one was at the home when officers arrived. During a search of the outside of the house, Jones said three marijuana plants about 36 to 42 inches tall were found planted in a small garden along with vegetables; however the team was directed to what Jones described as a clearing behind the home shortly afterward where five more plants of about the same size were found planted in buckets. A mowed trail reportedly lead to the clearing about 120 yards away, according to Jones.
After finding the marijuana, Jones said efforts were made to find out who lived at the home. Jones told the court that officers did not know at the time the land and home belonged to Garland. Garland was then contacted and summoned for questioning by police.
During questioning, Jones testified that Garland admitted the marijuana belonged to him. After a warrant was obtained for a search, Joness said Garland cooperated with police by leading them inside the house and showing the location of 14 firearms including shotguns, rifles and a few handguns.
When searched by a KSP K-9 unit, police reportedly found small amounts of marijuana, primarily seeds and stems, in Garland's home office as well as a small workshop located off the basement area. The basement area also reportedly contained a number of buckets similar those found in the clearing behind the home, according to Jones. Outside the house was an Arctic Cat ATV that was allegedly used to cultivate the plants, according to police reports.
Haverstock questioned Jones at length concerning the proximity of the weapons to the marijuana found inside the home. When Haverstock questioned whether Jones understood that Garland is a state constitutional officer with arresting powers with the right and responsibility to bear arms, Jones said he saw no evidence that the weapons found were used in relation to the crime. Most of the firearms found in proximity of the alleged drugs were unloaded shotguns and rifles located inside a metal and glass gun cabinet about 15 to 20 feet away.
Charges against the Garlands will be considered by the grand jury when it convenes for a regularly-scheduled session at 9 a.m. on Nov. 10.
Story created Oct 10, 2008 - 21:52:03 EDT.
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