Sunday, January 6, 2013
State not prepared ..... Again.
A Nibley man police say was found in possession of a trailer stolen from the U. S. Forest Service and charged with numerous drug charges was scheduled for a preliminary hearing Wednesday, where the state would have been required to present evidence in the case against him.
However, Thomas MacElwee, 31, waived his right to that hearing but has not entered a plea. His attorney, Shannon Demler, is still working with prosecutors on a resolution to the case.
In August, MacElwee was arrested at his Nibley home after police obtained a search warrant because they believed they might find some of the items stolen from the U.S. Forest Service inside the residence.
During the search, police reportedly found what they called a sizable drug distribution operation, including cocaine, meth, marijuana and mushrooms.
They say they also found the stolen trailer in the yard with Forest Service markings partially removed.
MacElwee has been charged with three felony counts of possessing a controlled substance with the intent to distribute within 1,000 feet of a drug-free zone. He was also charged with possessing a controlled substance, theft by receiving stolen property, and having vehicle parts without identification numbers.
Police also arrested Michael Kevin Keller, a 31-year-old man formerly of Hyde Park.
He has been charged with theft in connection with this case. His preliminary hearing was delayed in November after one of the witnesses in the case did not show up to court.
Both men were arrested after the theft of a snowmobile trailer was reported by the Forest Service in August.
According to Logan Assistant Police Chief Jeff Curtis, police had video from the Aug. 20 theft showing a white GMC Yukon with two males inside casing the area before the trailer — loaded with a snowmobile and assorted rescue gear — was stolen from Forest Service property in the area of 200 South and 700 West.
The vehicle was traced to Keller, who was residing in Eugene, Ore., at the time of his arrest.
Both MacElwee and Keller will return to court Jan. 28.