A Michigan man and a Minnesota man are charged with drug crimes after police allegedly found heroin, cocaine, methamphetamine and pills in their rental vehicle after a traffic stop on Interstate 90/94.
Kenneth Smith, 45, of Swartz Creek, Michigan and Marshall Pointer, 61, of Minneapolis, Minnesota are charged with felony possession with intent to deliver methamphetamine as a party to a crime, felony possession with intent to deliver more than 40 grams of cocaine as a party to a crime, felony possession with intent to deliver narcotics as a party to a crime, felony possession with intent to deliver a prescription drug as a party to a crime, and misdemeanor possession of drug paraphernalia as a party to a crime.
If convicted each faces up to 40 years in prison or a fine of up to $100,000, or both, for both the cocaine and methamphetamine charges; up to 15 years in prison or a fine of up to $50,000, or both, for the narcotics charge; and up to six years in prison or a fine of up to $10,000, or both, for the prescription drug charge.
According to the criminal complaint:
At about 12:48 a.m., May 22, Trooper Allan Platt was traveling west in the right lane on Interstate 90/94 near milepost 76 between Mauston and Lyndon Station when a vehicle behind his patrol car caught his attention due to traveling at a visibly high rate of speed. A radar reading as the vehicle passed Platt’s car gave an steady reading of 85 mph.
After the vehicle passed Platt it moved into the right hand lane, where it began to drift within the lane by moving side to side. Platt activated his emergency lights and siren and initiated a traffic stop near the westbound rest area.
Upon approach Platt observed the passenger with his body turned towards the center console “making furtive movements.” The passenger appeared to be pushing something down into the console area. After introducing himself Platt asked why the passenger was moving, to which the passenger stated he was putting his seat belt on. Platt noted the driver had bloodshot eyes and constricted pupils, and the passenger’s voice was shaky and he appeared nervous.
Inside the car Platt could see a partial six pack of beer, with three bottles missing and several small plastic cups. An odor of marijuana emanated from the vehicle, and Platt could see small ground plant-like material on the driver’s shirt. Inside the passenger door panel appeared to be marijuana stems, and Platt could smell the odor of intoxicating beverages coming from the vehicle.
The driver, identified as Marshall Pointer, said they pair was coming from Michigan and were traveling to Minnesota. The passenger, identified as Kenneth Smith, said the car was a rental when asked who owned the vehicle, and said the rental was in his name.
While checking the occupants records another Deputy arrived on scene. Both Pointer and Smith exited the vehicle and Pointer’s person was searched, revealing a pack of cigarettes and several balled-up chunks of tin foil. Smith had stacks of folded cash in his pockets, totaling $923 in different denominations.
A search of the vehicle revealed a bottle of cognac with some liquor missing. Inside the trunk Platt found a ripped plastic baggie tucked partially under the spare tire. Behind the carpet side wall Platt found another bag containing pill containers and bags of a white powdery/crumbled substance that appeared consistent with “a substantial amount” of cocaine.
After being read his Miranda Rights Smith said the bottle of alcohol and the beer belonged to him, and he had been drinking in the car. Asked about a digital scale found in the car and if he did drugs, Smith said he did not do drugs and the scale belonged to his cousin who was a legal marijuana dealer in Michigan.
Upon returning to the trunk Platt opened the plastic bag again, where he observed multiple clear plastic bags of suspected drugs. Inside the bags he observed a baseball sized clear crystal-like substance with large shards of crystal consistent with methamphetamine, and two additional bags containing the same substance. Several other bags of white powdery/crumbled substance were found and a bag of a light brown colored substance consistent with heroin. A sweetener often used for “cutting” drugs was found in two bottles, and gabapentin pill bottles containing pulls of buspirone hydrochloride were located in the bag.
Pointer was read his Miranda Rights. Pointer stated none of the suspected drugs belonged to him. Smith said he did not use drugs, and that none of the suspected drugs belonged to him.
Each of the substances were tested, providing positive tests for cocaine weighing 228.5 grams, fentanyl weighing 45.3 grams, methamphetamine weighing 138 grams, and 164.5 grams of buspirone hydrochloride.
Pointer is scheduled for an arraignment Sept. 9 at the Juneau County Justice Center. Smith is scheduled for a plea hearing Sept. 2 at the Juneau County Justice Center.
Reach Christopher Jardine on Twitter @ChrisJJardine or contact him at 608-432-6591.