Suspect heads to district court on drug charges
October 11, 2013
The first of six defendants arrested in August when deputies recovered nearly four pounds of marijuana, pills and drug paraphernalia from a house in the Gardnerville Ranchos was bound over Friday to district court.
Following a nearly five-hour preliminary hearing Friday, East Fork Judge Tom Perkins found there was enough evidence that Kyle Ross Jarboe, 22, should stand trial on felony drug charges.
Jarboe is charged with trafficking in a controlled substance, and possession of a controlled substance for sale.
Perkins dismissed a gross misdemeanor charge of destruction of property.
Jarboe and five others were arrested early Aug. 16 after deputies responding to a domestic battery report in the Gardnerville Ranchos found the marijuana, pills, and drug paraphernalia.
Jarboe has been in Douglas County Jail since his arrest on nearly $30,000 bail.
Three Douglas County deputies testified Friday as to the circumstances of the arrest.
Deputy Joel Kruger said when officers arrived at the house at 1302 Muir Drive, Daniel Redding opened the front door, saw the deputies, shut the door, locked it, and closed draperies in the living room.
"I heard him yell, 'the cops are here! the cops are here!'" Kruger said.
Before the draperies were closed Kruger said he could see numerous nitrous oxide cartridges being stuffed in couch cushions and heard people running through the residence.
Deputies obtained a search warrant and four officers entered the residence.
They found Justin Weisinger hiding in a bathroom off the master bedroom and Jarboe and Tyler Christy hiding in a crawl space in the master bedroom closet.
Deputy Justin Fricke testified that he ordered Jarboe to show himself more than a dozen times without compliance.
He said Jarboe was hiding in insulation in the crawl space, and presented himself after Fricke had drawn his gun and ordered him out.
"I had a flashlight and a gun and saw his foot. I yelled plenty of times for him to come forward without him doing so," Fricke said.
Deputies recovered two pounds of marijuana in a suitcase in the crawl space.
Fricke said it far exceeded the average limits for personal use.
"Even if you smoked three bowls a day, it would take years to go through that for a single person," Fricke said.
Under questioning from Jarboe's attorney, Matt Ence, Fricke said he had no evidence that the defendant put the marijuana in the crawl space.
"A normal person would not stay under that crawl space," Fricke said. "There was sewage from a broken sewer pipe and insect repellent down there."
Once the suspects were out of the house, deputies brought in canine officer Mack who alerted on a total of nearly four pounds of marijuana in an outdoor shed as well as prescription pills, 13.9 grams of MDMA or "Ecstasy," and paraphernalia.
"You didn't observe Kyle Jarboe long enough to determine if he was intoxicated?" Ence asked Deputy George Schramm. "You didn't see him possess any controlled substance or paraphernalia?"
"Given his history, and the history of the people with him, there's a pretty good chance he had part ownership," Schramm said.
In arguing for dismissal of the charges, Ence said there was no evidence to suggest Jarboe had possession of any of the controlled substances or paraphernalia.
"You're not going to suggest that he went over to Mr. Redding's house just to hang out in the crawl space?" asked Perkins.
"He's in the house, he's on probation and tempted to hide probably is what happened," Ence said. "He doesn't know what's going on in the house.
"It wasn't that he disobeyed the officers. He made them wait a minute or two before following commands," Ence said.
Prosecutor Laurie Trotter said the state had shown evidence of the possession of drugs, presence of drug paraphernalia and attempts by Jarboe to conceal or destroy the evidence.
Perkins said there was ample evidence to bind Jarboe over on the two felony counts.
"If when the police had come, you had raised up your hands and walked out the front door, you probably wouldn't even be here," Perkins said.
"To go in and hide, and not respond to the sheriff's officers is reprehensible. Do you understand how dangerous that is?" Perkins asked.
Jarboe said he had gone to the house to pick up a vehicle.
Perkins found him guilty Friday of obstructing an officer and possession of drug paraphernalia in connection with the August arrest.
He sentenced him to 30 days concurrent on each charge, and gave him credit for 30 days he has been in custody
Perkins also revoked Jarboe's probation for a DUI conviction in January in a separate offense.
He ordered Jarboe to serve 150 days of a suspended sentence.
Perkins ordered Jarboe to appear Oct. 14 before District Judge Michael Gibbons on the new charges.
Jarboe also is on probation in district court stemming from an October 2011 conviction for sale of controlled substance and conspiracy to violate the Uniform Controlled Substances Act.
He was allowed to participate in Western Regional Drug Court and avoid a felony conviction upon successful completion.