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Dwight Allen Beard, 31, was referred to the county attorney’s office for charges of obstruction, fleeing police on foot, felony possession of more than 42.5 grams of marijuana and failure to affix tax stamps to the marijuana.
The tax charge carries a maximum penalty of seven years in prison and a $14,000 fine, two years and $4,000 more than the possession charge.
According to Minnesota law, if a person is in possession of more than 42.5 grams of marijuana, that person is required to pay a tax of $3.50 per gram and attach proper tax stamps and labels to the drugs. Although the crime is not commonly charged, it usually goes hand-in-hand with marijuana possession charges of this level, Winona Police Deputy Chief Paul Bostrack said. The statute also applies to more than seven grams of other controlled substances or 10 or more dosage units of substances not sold by weight.
According to police reports:
Officers were called at 4:41 p.m. Monday to the 600 block of East Fourth Street on a report of a possible confrontation between two men in their late teens or early 20s and a teenager who appeared to be about 16 years old. The reporting party said one of the men appeared to have been holding a handgun. Police could not locate any of the suspects but gathered descriptions from witnesses, as well as a photo taken on a cell phone.
About 2:50 a.m. Tuesday, police were called to a home in the 600 block of East Fifth Street on a report of a possible break-in. A description of a possible suspect was very similar to one of the descriptions received in the earlier incident. While speaking with witnesses, that suspect, later identified as Beard, walked around the corner of a building into police view.
Officers patted Beard down and discovered a large lump in his pants pocket and the corner of a plastic baggie sticking out of the top. When police questioned him about the lump, he ran.
The baggie came out of Beard’s pocket and into the officer’s hand. It contained a little more than 50 grams of marijuana, Bostrack said.
Beard got only a short distance away before he tripped on a step and fell. Officers descended on him, but he continued to struggle and resist arrest. Police used a Taser to gain control of Beard and take him into custody.
Beard suffered a minor cut on his forehead during the scuffle and was treated and released to the jail from Community Memorial Hospital. He remained in custody Tuesday evening awaiting formal charges and an appearance in Winona County District Court.
According to Minnesota court records, Beard was sentenced to 23 months in prison for stealing a car in Winona in March 2007. He was released on parole Aug. 13, according to the Minnesota Department of Corrections.
Police are still looking for the other suspects reported in the first incident. One is described as a white male about 16 years old with sandy hair who left the area in a blue car. Two others are described as black males in their late teens or early 20s.
Contact Kevin Behr at (507) 453-3524 or at kbehr@winonadailynews.com.
American Mutt wrote on Aug 21, 2008 11:47 AM:
Either which way, to actually charge someone for this just goes to show that how low OUR legal system will go stick it to US. Sad News. "