Tag Archives: Kevin Kelly

‘Spice,’ ‘K2,’ synthetic cannabis — by any name, now a felony

Kitsap County prosecutors appear to have filed the first ever charges in the county against someone for possessing synthetic marijuana. “Spice,” “K2” and other so-called “synthetic cannabinoids” were officially banned by the state’s pharmacy board in November 2010.

Possession of substances known as “bath salts,” “plant food,” “Ivory Wave,” and “White Lightning,” are now felonies and can be punishable by up to five years in prison.

(Other authorities, I should add — the Navy, for instance — had already banned Spice.)

In early May, it appears the first person in Kitsap — a 24-year-old Poulsbo man — was charged with having Space.

“Not positive Josh,” wrote back Kevin Kelly, the deputy prosecutor who charged the case, “But it is the first time I have charged it so I think chances are good that it is.”

Here’s what happened: Kitsap County sheriff’s deputies were called to the Suquamish Clearwater Casino in the early morning hours of May 5 for the report of a man seen using a narcotics pipe. Surveillance video showed him using the pipe, which was glass and “multi-colored,” sheriff’s reports of the incident said.

While he denied having a pipe at first, a deputy saw a something in his front left pocket “weighing it down.”

The deputy said it didn’t smell like marijuana and asked the man what kind of tobacco he smoked.

“He thought for a minute and then told me that it was not tobacco but that it was ‘spice,'” deputies wrote.

In his pocket, deputies found a container that had “quality potpourri,” written on it. It was cotton candy flavor.

The man said he’d gotten it at a store in Poulsbo. He was arrested.

The deputy who drove him to jail said the Poulsbo man “was asking the same questions over and over again.”

“He seemed to be very impaired and altered,” the deputy wrote in his report.

He was booked into the Kitsap County jail for possession of the drug and charged with the same crime the next day by prosecutors.

In Kitsap, a spate of organized crime?

Leading Organized Crime is about as serious as any felony you can be accused of in the state of Washington. 

In Kitsap County Superior Court, the crime  — known as a class A felony, putting it on par with murder,  robbery and rape — has rarely been charged.

Until now, it seems.

I asked longtime defense attorney Ron Ness last summer how many times he’s seen it in courts here. He was hard pressed to recall a single case.

However, I’d inquired following the charging of a California man with the organized crime charge. The man, whose case is still pending, is accused of selling prescription drugs with the help of others, a charge he denies.

“I’m surprised,” Ness said at the time of the charging. “It’s a very difficult crime to prove.”

Prosecutors have to show the defendant “did intentionally organize, manage, direct, supervise, or finance any three or more persons with the intent to engage in a pattern of criminal profiteering activity.”

Ness told me last summer that federal prosecutors will usually take cases that involve alleged organized crime. They typically use the Racketeer Influenced and Corrupt Organizations Act, or RICO Act, to pursue such suspects.

But since that initial case (which is still slated for trial here), three more have been charged in Kitsap:

The leader of a drug-trafficking ring that brought major quantities of meth into Kitsap County. He pleaded guilty and got 10 years in prison for it.

A Bremerton man suspected of leading a counterfeiting and money-laundering operation. His case is pending trial.

A Port Orchard man accused of participating in a burglary ring that involved break-ins across the peninsula. His case is also pending trial.

So what’s the deal? More organized crime — or a bringing of the hammer by our county’s prosecutor’s office?

The answer lies in the former, local prosecutors say.

“We’ve not gone out of our way to concentrate or charge more leading organized crimes,” said Tim Drury, chief of the felony division of the Kitsap County Prosecutor’s Office.

Kevin Kelly, senior deputy prosecutor who frequently charges felonies in Kitsap County, added he believes the uptick in such charges may continue.

“We’re seeing more property crimes where people are doing (the crime) in concert with other people,” said Kelly, who added: “I’ve seen more (organized crime cases) in the last year than I ever have before.”

The Kitsap Sun will keep you posted as to those cases. Though it depends on the defendant’s criminal history, a conviction for leading organized crime carries with it serious prison time.

LIVE BLOG: Defense Expert’s Testimony in SK Murder Trial

Here’s the case background:

An expert is expected to testify Monday that Daniel J. Mustard was out of his mind when he stabbed to death Ruby Andrews at her South Kitsap home in April 2009.

The trial of Mustard, charged by prosecutors with first-degree murder, began in late September. The case hinges upon the mental state of the defendant, who has pleaded not guilty by reason of insanity.

Mustard Trial Update: Prosecutors Close to Resting Case

The prosecution of Daniel J. Mustard for the murder of Ruby Andrews continues this week in Kitsap County Superior Court.

Prosecutors are continuing to put witnesses on the stand that back up deputy prosecutor Kevin Kelly’s opening argument: that the killing was an “act of greed and violence,” and Mustard told many others of the brutal homicide and how he’d committed it. That includes people he was with the day of the murder and jail inmates he’d told after he was arrested, as well as several hours of telephone calls being played for jurors.

The case hinges upon Mustard’s mental state at the time of the crime. There is no dispute of the fact that Mustard stabbed Ruby Andrews, 87 to death at her South Kitsap home on April 5, 2009.

Deputy prosecutor Kevin Hull told me Tuesday that the prosecution is close to closing its own case and that could happen as early as Thursday.

On Monday, the defense plans to call Dr. Mark Whitehill to the stand, Hull said. Keep in mind that defense attorney Bryan Hershman bears the burden to prove to jurors that while Mustard committed the act, his mental state was diminished to the point he couldn’t comprehend his actions.

That means that once the defense finishes with its case, prosecutors will be able to rebut the insanity argument — and plans to do so sometime after Thanksgiving with nationally known forensic expert Dr. Park Dietz.

We will keep you posted on the trial’s developments.

LIVE BLOG: Opening Arguments in the Mustard Murder Trial

CASE BACKGROUND: A 19-year-old South Kitsap man goes on trial today for the aggravated murder of 87-year-old Ruby Andrews in April 2009, following almost two weeks of jury selection.

Opening arguments are slated in the case of Daniel James Mustard this morning.

Mustard, 17 at the time of the incident, is accused of stabbing and robbing Andrews in her Colchester home on April 5, 2009. He is being tried as an adult.

The case hinges on Mustard’s mental state at the time of the offense.

Prosecutors are slated to argue that Mustard knew right from wrong when he killed Andrews. But Bryan Hershman, Mustard’s attorney, will attempt to sway jurors that Mustard was either insane or had “diminished capacity” — that he couldn’t fully comprehend his actions — at the time of the killing.

The Kitsap Sun will carry a live blog of the opening arguments when they begin at 10:30 a.m. this morning.