Drug case bound over for trial

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Moffat County Court Judge Mary Lynne James on Wednesday bound over to district court a case that alleges a Thornton man who lived at Cedar Mountain Village possessed more than 8 pounds of marijuana that he intended to sell.

Michael Anthony Erfman, 21, of Thornton, and Tim Robert Ober, 26, of Lusk, Wyo., each were charged with three felony drug counts as a result of a Sept. 10 investigation by officers from the Craig Police Department and the Grand, Routt and Moffat County Narcotics Enforcement Team.

Erfman and Ober each were charged with possession with intent to distribute marijuana, possession of more than 8 ounces of marijuana and possession of 1 gram or less of methamphetamine.

Although Erfman's case was bound over until Nov. 8, the judge deferred ruling on whether his charges will be altered.

One charge of possession of a gram or less of methamphetamine was dismissed against Ober, who is set to appear next week for a preliminary hearing. His bond was reduced to $20,000.

According to court documents, police discovered that Erfman was staying at the Cedar Mountain home and was wanted on two felony warrants in Adams County.

According to court documents, police watched as Erfman left the mobile home with Ober who reportedly was carrying a backpack. Ober also was living at the mobile home.

After arresting Erfman on the warrants, police confiscated the backpack, which investigators said contained more than a pound of marijuana. After obtaining a search warrant, police searched the mobile home and found more than 6 pounds of marijuana in a room that Ober reportedly lived in. Paraphernalia also was confiscated from the house, GRAMNET officer David Siminoe testified.

Siminoe also said that he could smell marijuana upon entering the living room of the house.

"Mr. Erfman is not a neophyte, an imbecile," said Amy Fitch, chief deputy district attorney for the 14th Judicial District. "There was a substantial amount found in the home along with finding drug paraphernalia literally all over the house. If an officer with training can smell substantial amounts of marijuana in the house, Mr. Erfman must have known it too."

Erfman's attorney, Sheryl Uhlmann, said Erfman told officers the amount of marijuana he knew about, which was less than 8 ounces; therefore, his charges should reflect that, Uhlmann said. Possession of less than 8 ounces of marijuana is a misdemeanor.

Uhlmann also requested dismissal of Erfman's charge of possession of marijuana with intent to distribute.

"(The box of marijuana) was kept in a bedroom that was not associated with Mr. Erfman," Uhlmann said. "There is simply no evidence that Erfman had any idea of what was in that box."

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