Eight counts returned in coroner case
By TOM BERRY
Staff Writer
A Calloway County grand jury returned eight counts of drug, theft, weapons and official misconduct offenses against Coroner Mike Garland.
Both felony and misdemeanor indictments involving Garland and his wife, Tina, were delivered to Circuit Court Judge Dennis Foust Friday morning.
According to a copy of the document, Garland was indicted for cultivating more than five marijuana plants; theft of a controlled substance over $300 (first offense); possession of marijuana (firearms enhanced); possession of drug paraphernalia (first offense-firearms enhanced); first-degree possession of a controlled substance (first offense); and theft of a legend drug (perscription drug) under $300 (first offense), all Class D felonies. He was also indicted for third-degree possession of a controlled substance (first offense) and first-degree official misconduct, both Class A misdemeanors.
Tina Garland was indicted for possession of marijuana and possession of drug paraphernalia (first offense firearms enhanced); both Class D felonies.
According to police, several Kentucky State Police investigators were directed to the Garland home at 614 Bailey Rd., during helicopter reconnaissance of Calloway County by members of the Governor's Marijuana Strike Force in early September.
A search based on probable cause and later a warrant executed at Garland's home reportedly produced eight marijuana plants about three feet high in two separate locations, a small amount of “processed” marijuana - primarily stems and seeds - numerous firearms and various items of drug paraphernalia. Also seized was an Arctic Cat ATV that authorities alleged had been used in cultivating the plants.
Mike Garland had initially been charged with cultivating more than five marijuana plants, possession of marijuana (firearms enhanced) and possession of drug paraphernalia (firearms enhanced) The indictments did not explain the five additional counts handed down by the grand jury.
The Garlands' attorney, Gary Haverstock, could not be reached Friday for comment.
However during a preliminary hearing in Calloway District Court earlier this month, the state agreed to drop weapons-related charges against Garland. Then, Haverstock asked the court to dismiss the two counts related to drug manufacturing and possession after Kentucky State Police Trooper Darrell Jones told the court that he was there was no apparent relationship between Garland's possession of the weapons and the alleged commission of a crime.
Garland is a state constitutional officer with arresting power and a private citizen with the right to bear arms.
Marshall County Assistant County Attorney Jason Darnall, a special prosecutor assigned to the case, also could not be contacted for comment about the indictments Friday; however he previously agreed to a move to drop weapons charges in the case.
Most of the weapons found in the Garland home were shotguns and rifles, along with a few handguns, most of which were stored in a metal and glass guncase in Garland's home office or a small room off the basement area.
Tina Garland had been initially charged with possession of marijuana and possession of drug paraphernalia, both of which were consolidated into a single possession charge as a misdemeanor. No firearms charges were initially leveled against her until the case went before the grand jury.
Haverstock sought to have Tina Garland's charge dropped on Jones' testimony that her husband allegedly admitted the marijuana belonged to him. However Darnall disagreed saying Tina Garland lived in the home and was aware of a crime being committed and insisted the charge remain.
Both Mike and Tina Garland pleaded innocent on all counts during arraignment in district court last month. Their pleas had not been changed Friday.
Story created Oct 25, 2008 - 01:06:18 EDT.
|
