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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 3 years, 1 month ago

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

Keith Richards 3 years, 1 month ago

It would help if the ljworld reported the law correctly, but still not hard to comprehend. (at least for those not named smitty)

4 felonies: obstruction of legal process possession of drug paraphernalia possession of a controlled substance and cultivation OR distribution of a controlled substance.

http://kansasstatutes.lesterama.org/Chapter_21/Article_36a/21-36a05.html

ahyland 3 years, 1 month ago

Thanks, KRichards — that's a good point. Those blasted conjunctions can nab you if you're not careful...

I fixed it in the story, and thanks again for pointing it out.

Andy Hyland

littlexav 3 years, 1 month ago

It's totally bogus; KDOR won't sell you the tax stamps (we called and asked when writing papers our first semester of law school). Just an extra charge to throw on with the intent to distribute (small amounts are exempted).

gert891 3 years, 1 month ago

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

JackMcKee 3 years, 1 month ago

I seriously wonder what percentage of Lawrence residents are drug dealers

IndusRiver 3 years, 1 month ago

I seriously wonder what percentage of Lawrence residents are drug dealers

Their predominant breeding ground is along Haskell Avenue.

lawrence5468 3 years, 1 month ago

You would be surprised at how many "drug dealers" live in the high class west side of town. Just three years ago two large-scale pot-growing operations were busted at the Masters in Alvamar. Just because someone is living in a low-income area, does not automatically label him or her as a drug dealer .

ksjayhawk74 3 years, 1 month ago

Right. Because only low-income people use drugs...

phoggyjay 3 years, 1 month 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.

Stuart Evans 3 years, 1 month ago

about the same time that people stop buying into the political fear-mongering.

littlexav 3 years, 1 month ago

it should stay illegal, if only because it destroys sperm count.

bearded_gnome 3 years, 1 month ago

lol!

there is, of course, a conspiracy to pollute our precious bodily fluids mann! and this is part of the conspiracy mann!

bearded_gnome 3 years, 1 month ago

just to clarify, outside of humor: yes, research does show that pot, does, among other things, reduce sperm count with longterm use.

it also apparently has some serious effects on memory, long and short.

kawrivercrow 3 years, 1 month 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?

somebodynew 3 years, 1 month ago

Not sure (maybe I was absent that day) where we have "our own civil rights" to possess and sell illegal drugs - no matter what they are.

BlackVelvet 3 years, 1 month ago

When enough of the public lets the lawmakers know they want the laws changed, then it might happen. The laws (are supposed to) reflect the will of "the people."

Stuart Evans 3 years, 1 month ago

supposed to; yes. Do they? not when money or power are involved.

JackMcKee 3 years, 1 month ago

If pot was legal these scumbags would find something else illegal to do. How much rum running and moonshining do you see today? No much. I think pot should be legalized but the thing about these dealers is they are intentionally breaking the law for profit. They are scumbags.

ignatius_j_reilly 3 years, 1 month ago

"If pot was legal these scumbags would find something else illegal to do."

Your argument defies logic. These guys want to be selling marijuana, not just doin' illegal stuff. If it was legal, they would find it easier to sell marijuana, enticing them to stay in the exact business they are already in. They wouldn't just start selling crack for the thrill of it.

Now, if it was legal and government regulated and taxed it (good for the state budget), and there were tough restrictions on selling it, then you're right, maybe they would move on to the next illegal profit-maker. But not for thrills, not just 'cuz they're "scumbags."

coderob 3 years, 1 month ago

Tax it that high and you'll still get illegal production. States that raise cigarette taxes have this exact problem. They expect to get lots of revenue, but instead find that the black market for cigarettes grows instead, potentially even causing a reduction in revenue.

littlexav 3 years, 1 month ago

the tax charge is bogus; KDOR won't let you pay the drug taxes.

Bob Forer 3 years, 1 month 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.

asixbury 3 years, 1 month ago

Well said. He is as dumb as the people who fall for the "drug check ahead" signs on the interstate, and pull off at the next exit. Idiots deserve to be caught, so it thins out the herd a little.

Stuart Evans 3 years, 1 month ago

pulling off at the next exit is slightly ok; it's still a free country. What they're watching for is people tossing (littering) items. Then they pick up the litter and pull over the litterbug.

Bursting 3 years, 1 month 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

JackMcKee 3 years, 1 month ago

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

bad_dog 3 years, 1 month ago

A "friend" told me there are ways to ingest cannabinoids other than by inhaling.

Bon appetit!

James Minor 3 years, 1 month 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.

asixbury 3 years, 1 month ago

No one thinks pot counteracts the effects of booze. You're sounding ignorant and like a product of the failed "war on drugs" propaganda. I guess it is probably not your fault your views on pot are so skewed; you grew up with the lies.

asixbury 3 years, 1 month ago

I do not see the correlation between highway deaths and legalizing marijuana. Do you think people don't already drive while stoned? News for you, it's their favorite activity to do while smoking, especially driving in the country. People are really ignorant when it comes to the truth about marijuana. America has force-fed anti-pot propaganda for so long; many citizens here still believe the lies. Smoking anything is harmful to your lungs, but the positive uses of marijuana in the pharmaceutical world are staggering. Ask any chemo patient if pot didn't help them keep their food down? The side effects of the chemical drugs given to these patients for the same reason are worse than the nausea.

jayhawkinsf 3 years, 1 month 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.

parrothead8 3 years, 1 month ago

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

Food_for_Thought 3 years, 1 month 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...

Food_for_Thought 3 years, 1 month ago

Think it out....

1.73 grams is less than 28 grams. Therefore, it would not fall under the "drug tax stamp" requirement of 28 grams minimum. If you'll notice, Mr. Khanya was charged with "no drug tax stamp". This would not be possible if Mr. Khanya was found in possession of less than 28 grams. if the "numbers" are correct, then the only way that Mr. Khanya could be charged with "no drug tax stamp" is if he had 173 grams, not 1.73 or 17.3, in his possession. There's a big difference between arresting someone with 1.73 grams vs. 173 grams of marijuana.

You're making the mistake of placing your faith in the reporting of an online publication infamous for its routinely flawed and erroneous reporting.

snook3200 3 years, 1 month 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.

ahyland 3 years, 1 month 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

bearded_gnome 3 years, 1 month 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.

Bob Forer 3 years, 1 month ago

Actually, 173 grams would be close to half a pound. there are roughly 27 grams in an ounce. 173/27 = 6.4 ounces. That's a bigger stash than your typical dime bag dealer.

grammaddy 3 years, 1 month ago

BG a 1/4 pound is 112 grams (4 ounces X 28 grams each). This is more like an ounce and a half.

grammaddy 3 years, 1 month ago

My bad, more like 6-7 ounces. It's early.Sorry._

bearded_gnome 3 years, 1 month ago

I see I ain't the only one with metric trouble! lol.

bearded_gnome 3 years, 1 month ago

ooooops!

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

should've said "a bit more than a third of a pound!

Ron Holzwarth 3 years, 1 month 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!

snook3200 3 years, 1 month 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.

grammaddy 3 years, 1 month ago

Kinda reminds me of another repeat offender who's crimes escalated until he was finally tried for murder and recently given an additional 10 years to the 31/2 he's been serving while waiting for his trial or sentencing.What is it with the Corrections department that they keep putting these guys back on the street? If he's "under the influence" while committing them, why not at least lock him up in a rehab situation instead of just returning him to the street?

trinity 3 years, 1 month ago

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

ahyland 3 years, 1 month 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

bearded_gnome 3 years, 1 month ago

hey Andy, thanks!

yes, 1.73gm is so tiny! so small, I'm wondering how sure they were that it even was pot? `

bearded_gnome 3 years, 1 month 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!

Bob Forer 3 years, 1 month 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.

jaywalker 3 years, 1 month ago

He was carrying the equivalent of 23 quarter ounces, give or take, with a supply of baggies and a scale.
He was dealing, and they got him dead to rights.

jaywalker 3 years, 1 month ago

Yeah, I noted it below, knew something was hinky.

jaywalker 3 years, 1 month 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.

ahyland 3 years, 1 month 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

Ron Holzwarth 3 years, 1 month ago

Do you think there are ever typographical errors on a speeding ticket?

Bob Forer 3 years, 1 month ago

In that case, the guy is an absolute idiot for carrying around that big of a supply, unless of course, he is a volume dealer, and then, he's an absolute idiot for using his car as his office. He is looking at some time. i betcha now he wishes he put in his application at Home Depot as a sales associate.

Reuben Turner 3 years, 1 month ago

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

snook3200 3 years, 1 month 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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