Guilty verdict returned in Pinehurst meth case
WALLACE — A 65-year-old Kingston man is facing up to eight years in prison after he was found guilty on several drug charges.
Following a two-day trial, a jury found Mark Lewis guilty of possession of methamphetamine and drug paraphernalia.
Lewis was just one of several arrests made after a search warrant was executed at his residence in Pinehurst last December by the Shoshone County Drug Task Force. According to Shoshone County deputy prosecuting attorney Britney Jacobs, the search warrant was obtained after a lengthy investigation into the sale and use of controlled substances, including methamphetamine and fentanyl.
Before the trial, Lewis’s defense attempted to invalidate the warrant, alleging the officers involved did not comply with the knock-and-announce rule.
The rule stipulates that a police officer executing a search warrant generally should first knock, identify themselves and then announce their intent to execute the warrant. They must also allow any occupants a reasonable amount of time to provide entry into a residence.
Judge Barbara Duggan ruled that officers complied with the rule when experiencing exigent circumstances at the time of the execution when other occupants of the residence were seen watching officers from the upstairs window prior to their entry.
Exigent circumstances are defined as situations when the need of a police officer to enter or search a dwelling overrides the constitutional right to be free from warrantless searches. Examples of exigent circumstances include reasonable suspicion, safety threats or the belief that the premises are being used for drug manufacturing.
During the trial, the defense argued that even though Lewis owned the home, he was not the only person with access to the room where drugs were located. However, the evidence showed this room was where Lewis slept, and, according to the police report, he was discovered within a few feet of the drugs and paraphernalia when the warrant was executed.
The jury returned a guilty verdict after 30 minutes of deliberation.
“The Office of the Prosecuting Attorney would like to thank the Shoshone County Sheriff’s Office along with the members of the Shoshone County Drug Task Force who have made it their mission to investigate drug crimes and bring those to justice who contribute to the controlled substance crisis in our community,” Jacobs said.
Lewis is scheduled for sentencing Sept. 30 at 10 a.m.
Possession of methamphetamine is a felony which carries a maximum penalty of seven years in prison and a $15,000 fine. Possession of drug paraphernalia is a misdemeanor that carries a maximum penalty of 365 days in jail and a $1,000 fine.