CLINTON — A Clinton man was granted a deferred judgment for a drug charge.
Cory A. Lane, 20, of DeWitt, appeared Thursday in Clinton County District Court for sentencing on a charge of failure to affix a tax stamp, a Class D felony. Assistant County Attorney Amanda Myers recommended Lane be granted probation. She said Lane appears to have things going for him, including his regular employment and being a high school graduate. She said he needs to address substance abuse issues and said she thinks it is something he can overcome.
Defense Attorney Lori Kieffer Garrison requested the court consider granting Lane a deferred judgment with a period of supervised probation. She said he has a limited criminal history and has a job. She also cited the recommendation of the pre-sentence investigation report which she said found a deferred judgment was a good recommendation. She said she thinks he has learned his lesson from this incident.
Judge Mark Lawson granted Lane a deferred judgment. He cited Lane’s age, employment, minimal criminal record and the ability to protect the community while still giving Lane a chance to keep a felony off his record as reasons for the ruling. He ordered Lane to pay a $750 civil penalty and attorney fees not to exceed $750. Lawson placed Lane on supervised probation for two years.
“Good luck to you. I hope you make the most of this opportunity,” Lawson said.
Lane also was granted a deferred judgment on misdemeanor charges of possession of a controlled substance, marijuana, first offense, a serious misdemeanor and fourth-degree criminal mischief, also a serious misdemeanor. Charges of possession of a controlled substance, first offense, and two counts of unlawful possession of a prescription drug were dismissed at sentencing with costs assessed to Lane.
According to the affidavit, on Feb. 19, at approximately 3:20 p.m., Clinton County deputies were dispatched to the 3300 block of 220th Street. The caller stated he was following a vehicle that had caused damage to his yard. The caller followed the vehicle on 220th Street until the vehicle turned left onto 308th Avenue. The caller stated the vehicle was traveling at a high rate of speed of over 80 miles per hour and was running several stop signs as it was trying to get away. The caller described the vehicle as an older dark colored pickup with big tires on it.
The affidavit states the suspect’s vehicle turned right onto 235th Street and then turned left onto 300th Avenue. The vehicle was stopped at the intersection of 245th Street and 300th Avenue. When the officer arrived on scene, Lane was sitting in the passenger’s seat of a squad car. Lane was identified as the driver of the black Chevy truck.
The affidavit continues after talking to the caller, he said he witnessed the truck drive through his yard, ripping up the grass and throwing mud all over the place. The caller identified Lane was the driver of the vehicle when it left his property. Lane was then advised he was going to be placed under arrest for fourth-degree criminal mischief and the vehicle would be towed.
The affidavit states upon doing vehicle inventory an officer could smell the odor of marijuana coming from the area between the driver seat and the front passenger seat. The deputy located a large black colored plaid shirt in the center console of the truck. The shirt contained two bags of a green leafy substance that suspected to be marijuana and a black container containing a green leafy substance that was suspected to be marijuana. There also was a brown substance found in a white and gray container that was suspected to be heroin. There was another container that was green, blue and orange that contained a brown powdery substance that was suspected to be heroin. There was a bottle of suspected prescription pills in an unmarked prescription pill bottle that contained eight pills total. There were two different types of pills located in the unmarked prescription pill bottle. There was also a glass marijuana pipe in the shirt that contained a residue of burnt marijuana.
The affidavit continues a deputy also located a black scale inside the shirt with all of the other suspected drugs. The deputy located a wooden dug out that contained suspected marijuana inside the driver’s door compartment. The two passengers stated the drugs in the vehicle did not belong to them. Lane admitted he had been in possession of the vehicle for a couple of days and stated he was going to get the truck worked on in DeWitt due to it having so many miles on it. Lane was transported to the Clinton County Jail without incident and an officer was present while testing the drugs at the Clinton County Sheriff’s Office. The containers containing the suspected marijuana weighed in excess of 42.5 grams without the proper stamps affixed. The white and gray container containing suspected heroin tested positive for heroin. Seven prescription pills were identified as alprazolam and one pill was identified as clonazepam.
Herald Staff Writer John Rohlf can be reached at firstname.lastname@example.org.