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Archive for Wednesday, December 28, 2011

Lawrence man, 20, faces drug charges

December 28, 2011, 12:59 p.m. Updated December 29, 2011, 3:23 p.m.

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Lawrence police arrested a 20-year-old Lawrence man on several drug charges early Wednesday morning.

Kim Murphree, a police spokeswoman, said officers came up to two people in a parked car in the 4400 block of Adam Avenue, just southwest of Clinton Parkway and Inverness Drive.

After officers tried to talk to the people in the car, the driver got out and fled on foot, Murphree said. A police officer caught the driver and made an arrest after searching the driver.

Officials at both the Lawrence Police Department and the Douglas County District Attorney's office said police seized 173 grams of marijuana in the case.

The man, Bounsouay Khanya, appeared in court Wednesday and was charged on five counts, including possession of marijuana with intent to distribute within 1,000 feet of school property, felony possession of drug paraphernalia, misdemeanor possession of drug paraphernalia, no drug tax stamp and misdemeanor interference with law enforcement.

Comments

smitty 2 years, 3 months ago

The snafus by the JW and LPD are accumulating rather quickly.

Sgt. Kirk Fultz of the LPD reported that N Y eve was a busy night without serious events but..ttttt when challeneged the JW reports a bomb incident on NY Eve. This led to discovery that the JW is blocking posts that are within the TOS as these same blocked posts are shown as an increase in number of posts but the posts do not appear. Some of us have asked how the numbers keep rising but no new posts show. The JW is blocking them apparently. The value of the forum has declined significantly.

Below is the saved post that the JW would not post under the topic of the bomb event.

smitty (anonymous) says... Here's how the LPD responded to the public......

It was a busy New Year's night for Lawrence Police, as officers responded to fights, domestic disturbances and noise complaints.

But nothing serious, said Sgt. Kirk Fultz.

"It was one of the busiest (New Year's) ever," he said. "It was nothing big, just enough to keep us busy."

One of the larger incidents involved two fights that broke out, about an hour apart, in the 3100 block of Iowa. Ten police units responded to the first incident around 3 a.m. and broke up a fight. Officers returned about 3:45 a.m. to settle down another fight in the same general area. http://www2.ljworld.com/news/2012/jan...

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thuja 2 years, 3 months ago

Where do the facts end and your life begin?

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snook3200 2 years, 3 months ago

they may have got him, but he is out on bond and he likes to run, and likes to play hide and seek. and he is probably selling once again. so what does it matter. who cares. does it matter how much he caught with. he will get caught again and again and again. until the courts put him in jail he wont stop. so whatever.

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cletus26 2 years, 3 months ago

well i be.... i hope they get more than a slap on the hand.

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ahyland 2 years, 3 months ago

In what I can only hope is the last time I have to do this, we've once again updated the story, as officials at both the Police Department and the District Attorney's office now say that 173 grams of suspected marijuana were seized.

Apparently, the cause of this mix-up has been typographical errors in a report. Those have now been fixed, and everyone appears to be on the same page now.

Andy Hyland LJW Reporter

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jaywalker 2 years, 3 months ago

Either someone blew the decimal point or wrote 'grams' instead of ounces or pounds. He's not getting intent to distribute and tax stamp charges for what amounts to a helluva nice sized joint.

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Bob Forer 2 years, 3 months ago

The prosecution is overreaching on this one. Just because he had a scale it doesn't mean he was selling. Heck, although I am not familiar with the marijuana culture, i would think a small inexpensive scale would be handy for a buyer to have to ensure he is getting the amount claimed. And what the heck do cigarillo wrappers have to do with selling marijuana? It's not illegal to smoke cigars.

If he is portioning out 1.73 grams into smaller quantities for sale, he is probably the smallest dealer in the world. .

Stick with what the facts show, Mr. Branson. Some of the charges are absurd. They won't get by preliminary hearing.

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bearded_gnome 2 years, 3 months ago

from the greatest radio station ever in american history: http://www.youtube.com/watch?v=DVfkIOosoxc

I guess the Free Mexican airforce ain't flying tonight!

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smitty 2 years, 3 months ago

The updated information is no better than the confusion from the 173 plastics bags from the LPD email to the verification by the DA's office of 1.73. The law is posted below. It also doesn't explain the judge allowing 1.73 gms to stand.

A
An individual is classified as a drug dealer and is liable for the payment of drug taxes if he/she manufactures, produces, ships, transports or imports into Kansas or possesses:

■more than 28 grams of marijuana (processed or marijuana plants)or ■one gram of controlled substance or 10 or more dosage units of a controlled substance (K.S.A. 79-5201) http://www.ksrevenue.org/faqs-abcdrugtax.html

Chapter 79: Taxation Article 52: Marijuana And Controlled Substances Statute 79-5201: Taxation of marijuana and controlled substances; definitions. As used in this act: (a) "Marijuana" means any marijuana, whether real or counterfeit, as defined by K.S.A. 2009 Supp. 21-36a01, and amendments thereto, which is held, possessed, transported, transferred, sold or offered to be sold in violation of the laws of Kansas;

  (b)   "controlled substance" means any drug or substance, whether real or counterfeit, as defined by K.S.A. 2009 Supp. 21-36a01, and amendments thereto, which is held, possessed, transported, transferred, sold or offered to be sold in violation of the laws of Kansas. Such term shall not include marijuana;

  (c)   "dealer" means any person who, in violation of Kansas law, manufactures, produces, ships, transports or imports into Kansas or in any manner acquires or possesses more than 28 grams of marijuana, or more than one gram of any controlled substance, or 10 or more dosage units of any controlled substance which is not sold by weight;

  (d)   "domestic marijuana plant" means any cannabis plant at any level of growth which is harvested or tended, manicured, irrigated, fertilized or where there is other evidence that it has been treated in any other way in an effort to enhance growth.

http://kansasstatutes.lesterama.org/Chapter_79/Article_52/79-5201.html

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ahyland 2 years, 3 months ago

OK, we got the bit about the weight straightened out. As I mention in the update to the story, I talked with Amy McGowan, the chief assistant district attorney. She double, triple confirmed for me that it was 1.73 grams of marijuana that was taken.

This was initially confusing for several reasons. Primarily because a police spokeswoman initially told me in an email that it was "173 clear plastic bags" containing suspected marijuana that were taken. McGowan told me that the initial affidavit had some bad information on it, which contributed to the confusion.

Also, like many commenters here, last night I began to wonder how such a tiny amount could lead to a felony charge. McGowan told me that two factors contributed to that charge. One was all the paraphernalia taken from the scene — a test calibration weight, empty Cigarillo wrappers among other items.

A second contributing factor was the proximity to school property.

I also asked about the drug tax stamp charge, but McGowan, who primarily handles sex crime cases for the district attorney's office, didn't know about the particulars of that charge, or about the minimum levels needed to charge a person with that crime. I'm sure that will get handled as the case proceeds.

But for now, we're finally confident that we have the right weight. We'll pick up the rest of this as our coverage of the case moves along.

Andy Hyland LJW Reporter

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trinity 2 years, 3 months ago

It's more the dude/dudette in the black robe who "keep putting these guys back on the street".

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consumer1 2 years, 3 months ago

This comment was removed by the site staff for violation of the usage agreement.

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snook3200 2 years, 3 months ago

this guy is a danger to the public, it goes long beyond the pot.... he had violated his probation for beating up a man when he was high on another drug other than pot. look into your resources. the system keeps letting him off. im sick of it. this kid keeps getting off and the people the are getting hurt get nothing. he is a danger to the public. the pot is the least of our worries when it comes to this young man. look into his record. you people know nothing. only us that have suffered from him know the truth. lock this jerk up before anyone else gets hurts like my family. im not spending no more time in the court they have done nothing for my family but let this jerk out to sell drugs and get arrested time again. do your job before he does something you cant take back.. he is a danger to the public. get it straight.

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autie 2 years, 3 months ago

Bounsouay Khanya,

what a name. where's this nymrod from?

Topeka? KCK?

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Ron Holzwarth 2 years, 3 months ago

Reefer Madness (1938) pt 1 of 8

"The classic exploitation film Reefer Madness. In this comically exaggerated film on the dangers of "marihuana" you can see the beginning of the war of drugs. Even today the establishment uses the same themes to scare kids away from experimentation with cannabis."

Your Tax Dollars At Work!

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bearded_gnome 2 years, 3 months ago

173gm would still be less than a quarter pound, if that's the actual amount.


Bounsouay Khanya,

what a name. where's this nymrod from?

and, of course, it must be said:

*once again Lawrence displays its antibusiness bent, by stopping this bright young entrepreneur! now, his customers will certainly shop in topeka or KCK, heightening the much-vaunted vacancy rate for businesses in lawrence, hastening the urban sprawl, increasing the tax burden, and generally causing trouble.

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ahyland 2 years, 3 months ago

All, we got some conflicting information from different sources, so we're backing off the issue of the weight of the drugs seized for now, and have removed it from the story. We'll update as we know more... Best to check back tomorrow.

Andy Hyland LJW Reporter

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snook3200 2 years, 3 months ago

when is enough... enough. they keep letting this loser out of jail. he keeps getting in trouble, violating his probation and the courts keep letting him out to sell drugs. as long as the courts let him out he will continue this. whatever. he is an idiot. either put him in prison or let him be. im sick of him and his crap.

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Food_for_Thought 2 years, 3 months ago

The article says "173 bags of marijuana", but then says "1.73 grams of marijuana". Unless the guy was packaging individual seeds of marijuana, I would imagine that there's a typo somewhere in the decimal area of the reported amount...

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parrothead8 2 years, 3 months ago

1.73 grams? That hardly seems worth all the paperwork. They should have just confiscated it and sent him home.

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jayhawkinsf 2 years, 3 months ago

Isn't that location very near both Sunflower Elementary and Southwest Junior High Schools? I don't know the law well, but in some places having illegal drugs near a school adds to the severity of the crime and the sentence.

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James Minor 2 years, 3 months ago

Legalizing marijuana will add to highway deaths. We could start reading highway deaths due to a driver that is under the influence of alcohol, high on pot, and texting.

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FalseHopeNoChange 2 years, 3 months ago

The Lunatic fringe wants to ban cigarettes because they are unhealthy and want to legalize maryjane because it hasn't killed anyone for thousands of years. This must mean it is healthy to flood your lungs with the smoke. Breath deep.

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smitty 2 years, 3 months ago

Although Murphree earlier had said in writing that police seized 173 bags of marijuana, officials at the Douglas County District Attorney’s office said the total amount of drugs taken was 1.73 grams of marijuana.

roflmao......Murphree will say what ever they tell her to say, aka job security

That was a quick raid on the evidence room. Happy New Year officers.

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ddhawkfan 2 years, 3 months ago

1.73 GRAMS?!?!? i'm sorry but is it really worth even writing about when its worth less than $40 in street value?

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JackMcKee 2 years, 3 months ago

1.73 grams? is that even enough for a small joint?

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Crazyngga 2 years, 3 months ago

cops approached for no reason at all!!!!!!

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Crazyngga 2 years, 3 months ago

I was there and the police officer just approached for no reason at all!!!!!!!!!!!!!!!!!! Shiz's crayy!!

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Bursting 2 years, 3 months ago

Dude, don't you already know that cops just have to say that they "smell" it? They are free do do what ever they want, including PROFILING

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smitty 2 years, 3 months ago

Actually, TheSychophant, it was the discarded sandwich bag cardboard containers that gave them away. They were using their digital scales to weigh and threw the containers out the sun roof as they packaged their herbal product. Somehow the littering charge didn't get booked. DA probabbly is waiting before bringing in the big charges.... They will hold that littering charge over their heads until they get a deal worked out. roflmao

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Bob Forer 2 years, 3 months ago

Smart drug dealers rarely get caught. What idiots. Running from the police gives them probable cause to search. Had the guy simply remained in his car and given the cop a BS story, and assuming there was no smell of burnt marijuana, or drugs in plain view, they would have been on their way. And absent probable cause, had the cops asked for permission to search, a polite "no" would have been sufficient. Most druggies are foolish enough to give the cops consent to search.

Another example of Darwin's Law in action.

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kawrivercrow 2 years, 3 months ago

Let's assume they were quarter ounce baggies, coming to 43 ounces total. Taxed at $50 per ounce, that would generate over $2150 in taxes.

Instead, we wasted the product, blew the arrestee's chance to make an other-wise honest living, lost the tax revenue that would benefit every man, woman and child in KS, and of course, squandered thousands of tax $$ in legal expenses and ruined someone's legal record so now they're unemployable (and can't get financial aid for education).

The only winners are the cop, the jailor, the prosecuting atty and the public defender, who get paid to deprive us of our own civil rights at our own direct expense.

LOSE LOSE LOSE

Shame on us. How long are we going to let this travesty go on?

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phoggyjay 2 years, 3 months ago

Oh Jesus, not the dreaded marijuana!!! When are people gonna wake up and legalize this plant which has never caused a death in thousands of years.

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IndusRiver 2 years, 3 months ago

I seriously wonder what percentage of Lawrence residents are drug dealers

Their predominant breeding ground is along Haskell Avenue.

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DRsmith 2 years, 3 months ago

Crap. There goes my weekend fun.

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JackMcKee 2 years, 3 months ago

I seriously wonder what percentage of Lawrence residents are drug dealers

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gert891 2 years, 3 months ago

thats right behind my house...wonder who it was???

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smitty 2 years, 3 months ago

cultivation?? So that's what the sun roof is for!

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