Court briefs: Attorney asks for delay in marijuana case |

Court briefs: Attorney asks for delay in marijuana case

Jack Weinstein

— The case against Timothy Nelson, a Hayden man arrested on suspicion of growing marijuana, was delayed Wednesday at the request of his attorney.

Nelson’s attorney, Sandy Horner, requested the continuance to allow him and the 14th Judicial District Attorney’s Office an opportunity to review police reports. He said there was a discrepancy “about the quantity and weight of the substances involved.” Horner said the reports indicated an inaccurate, excessive amount of marijuana.

Nelson, 36, was charged with cultivation of marijuana, a Class 4 felony; possession of drug paraphernalia and having an unaltered dog at large. If convicted, Nelson faces two to six years in jail.

Routt County Sheriff’s Office deputies raided Nelson’s home, in the 14000 block of West U.S. Highway 40 east of Hayden, on May 21, seizing 6 marijuana plants, 62.8 grams (2.2 ounces) of dried marijuana and 10 samples of an unknown liquid found on the property.

The liquids, in unmarked glass containers scattered throughout the property, were sent to the Colorado Bureau of Investigation for analysis because of the possibility they were used to make methamphetamine. Ken Klinger, a Sheriff’s Office investigator, said Thursday that the analysis was returned earlier this week.

“There was nothing extremely hazardous,” he said. “There were no controlled substances or anything in the chemicals – nothing in there that would have been conceivably used in the production of methamphetamine.”

The analysis was turned over to the district attorney’s office, Klinger said.

In a May 26 letter to Routt County Judge James Garrecht, Nelson wrote that the liquids were “homemade berry wine, octane booster, starting fluid and methanol,” all used, with the exception of the wine, as fuel additives for dirt bikes.

Deputies first discovered the marijuana plants when responding to a complaint that Nelson’s dogs were running loose near the Hayden Station power plant. When no one answered the door at Nelson’s home, a deputy walked around the house and saw the plants after looking through a window, according to a search warrant.

Deputies returned to the house three more times, with search warrants, to remove the plants and unknown liquids. Deputies initially took six marijuana plants and left six at the house in the chance that Nelson had a medical marijuana license. During a subsequent search May 26, deputies seized the remaining plants after learning Nelson didn’t have a license.

Nelson is scheduled to appear next at 2 p.m. Aug. 26. By that time, Horner said, he hoped they would be able to reach a plea agreement with the district attorney’s office.

Cases against West Virginia man delayed

The three cases against a West Virginia man, arrested twice on suspicion of driving under the influence and once for reckless driving, also were continued Wednesday.

Jeffrey Lynn Hatfied was charged with reckless driving June 12. He was charged with DUI and DUI per se July 19. And he was charged July 31 with DUI, driving under revocation and failing to signal.

He was ordered to appear next at 9 a.m. Aug. 26.

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