Man pleads guilty to drug charges
November 10, 2009
A local man charged in two separate drug distribution cases pleaded guilty to reduced charges Nov. 3 in Moffat County District Court.
Jerry David Flannery, 46, was first arrested in February at the Holiday Inn of Craig, where Craig Police officers reported they found him in a room along with $4,840 in cash, as well as meth crystals and various other drug paraphernalia.
He originally was charged with distribution of a Schedule 2 controlled substance, possession of a Schedule 2 controlled substance with intent to distribute, both Class 2 felonies, and tampering with physical evidence, a Class 6 felony.
Flannery pleaded guilty Nov. 3 to a reduced charge of possession of a Schedule 2 controlled substance, a Class 3 felony.
About five months after his first arrest, Flannery was taken into custody a second time in July at his home in the 700 block of School Street, which is located next to Sunrise Kids Preschool & Child Care and near St. Michael Catholic Church.
Flannery was charged in that case with possession of a Schedule 1 controlled substance with intent to distribute, possession of between 25 to 450 grams of a Schedule 2 controlled substance with intent to distribute, possession of a Schedule 2 controlled substance with intent to distribute, all Class 2 felonies, and a sentence enhancer for committing the alleged offenses within close proximity to a school.
Court records indicate Flannery was suspected of selling psilocybin mushrooms and meth out of his house.
He pleaded guilty to a reduced charge in the second case of possession of a Schedule 2 controlled substance, a Class 3 felony.
As part of the plea agreement, both convictions come with a six-year cap on any state prison terms and all prison time will run concurrently.
Flannery also must pay $275 in restitution to the All Crimes Enforcement Team drug task force for money used in an undercover buy.
In addition, Class 3 felonies come with fines between $3,000 and $750,000, as well as a $3,000 drug surcharge.
The plea deal also requires Flannery be sentenced for a previous conviction of possession of a forged instrument, a Class 6 felony. In that case, Flannery was convicted of having counterfeit money.
The plea agreement caps prison time for his forged instrument conviction at one year, and states any prison time will run concurrently with his other cases.
Class 6 felonies also carry fines between $1,000 and $100,000.
Flannery is scheduled for sentencing Jan. 26 in district court.
Assault cases continued
Three assault cases against James Lee, 32, who was arrested in August for assaulting an elderly couple at their home, are pending in Moffat County Court.
Lee appeared last week, and all three were continued to 2 p.m. Nov. 18.
Lee was arrested Aug. 30 at the home of Howard and Sharon Salman in the 400 block of West Sixth Street after Sharon made a 911 call to law enforcement claiming a man was at her door.
When Craig Police officers arrived, Sharon told them Lee punched out a screen window and assaulted her husband as Lee tried to pull him out onto the porch. Sharon said she grabbed a walking stick to try to fend Lee off, but Lee grabbed the stick and used it to continue beating her husband.
Lee is charged with first-degree assault, a Class 2 felony; two counts of second-degree assault, first-degree burglary and second-degree burglary, all Class 3 felonies; and third-degree assault, a Class 6 felony.
Lee also was arrested a few weeks before he reportedly assaulted the Salmans after a bar fight.
He is charged in that case with a misdemeanor charge of third-degree assault.
Since Lee's arrest and incarceration in Moffat County Jail in connection with the case involving the elderly couple, he has been charged with a third assault case for allegedly beating a fellow inmate.
He is charged in that case with second-degree assault, a Class 4 felony, and a crime of violence sentence enhancer.
Johnson appears Friday
Former Craig Police detective Ken Johnson is scheduled to appear in county court at 11 a.m. Friday.
Johnson is charged with attempting to influence a public servant, a Class 4 felony; as well as accessory to crime and embezzlement of public property, both Class 5 felonies.
All charges stem from alleged misconduct during his time as a police officer and ACET task force member, and a sexual relationship he had with Craig resident Tausha Merwin.
Johnson reportedly lied to police during the internal affairs investigation about their relationship, aided Merwin in violating her probation, provided her with information about ongoing law enforcement investigations and gave her a laptop computer and other equipment used by ACET.