A Jones County man was in Jones County Superior Court seeking a bond less than two days after his arrest.
Thomas Joshua Smith was arrested June 28 for the manufacture of marijuana and possession with the intent to distribute. Smith was in court June 30 with defense attorney Keith Fitzgerald asking to be released on bond.
It was a defense motion, and Fitzgerald was the first to address the court. He said Jones County deputies arrived at Smith’s property to serve an arrest warrant on Stephen Wayne Garey, who lived in a trailer on the property.
“When they went inside the trailer, they found weed and jars of marijuana, and they left to get a search warrant for the rest of the property,” Fitzgerald said.
He said when they came back, the officers searched an outbuilding and found plants and packages of marijuana, which led to a charge of manufacturing and possession with intent. The attorney said no other drugs were found.
Fitzgerald said Smith owns the property and has lived there a while with his wife and daughter. He went on to say his client had an accident on the property a couple of years ago and broke his neck. The attorney said Smith’s only criminal history is from 2002, a possession with intent charge, and there has been nothing since.
He said his client is not a flight risk.
“He is 38 years old, had no weapons on the property and no history of violence,” Fitzgerald said. “We ask for a reasonable bond.”
The case was prosecuted by Assistant District Attorney Cara Fiore. She told the court that she agreed with most of the facts laid out by the defense. The prosecutor said the deputies said the building reeked with marijuana, and they found the marijuana plants inside.
Fiore showed Fitzgerald and Superior Court Judge Terry Massey a picture of the plants, drugs and cash seized by the officers.
She said he had an additional misdemeanor charge, and Smit served five years on probation fo the 2002 charge that included possession of meth and possession of marijuana with intent.
“The marijuana found on his property was obviously not for personal use. No guns were found, but the state believes the defendant is a risk to commit more offenses because of the amount of marijuana found,” Fiore said. “He was not only selling but growing.”
Fitzgerald pointed to the fact that the drugs had been removed.
“His grow house was cleaned out, and I assume it takes a while to grow,” the attorney said.
Fitzgerald then added that was assuming the drugs were Smith’s and said he could argue the drugs could also belong to the person the officers were looking for when they came on the property.
Massey stated that bond was denied based on the defendant’s criminal history and the amount of drugs involved.
“The picture shows a good bit; looks like a lot,” he said.
The judge added that people who dabble in that business tend to find a way to continue.
“I deny bond for that reason. He is a threat to commit more crimes,” he said.
