Myers, Johnson have hearings on drug charges in Stark CountyPreliminary hearings were held Monday for two Dickinson residents facing felony drug-related charges at the Stark County Courthouse.
Preliminary hearings were held Monday for two Dickinson residents facing felony drug-related charges at the Stark County Courthouse.
Chaz Stoneman Myers
A judge ruled drug testing once a week as a condition of bond for 23-year-old Chaz Stoneman Myers, who is also known as Chaz Smith and Chaz Smith Myers, is sufficient.
Myers is charged with criminal conspiracy to deliver methamphetamine and also faces two counts of delivering marijuana.
He was originally ordered to be tested for drugs twice a week but his attorney, Mary Nordsven, said tests have been negative and twice a week isn’t necessary.
“For employment purposes it’s much easier for one time a week,” Nordsven said. “We don’t actually have suggestion of ingestion of any kind of substance.”
Stark County State’s Attorney Tom Henning objected to lessening drug testing.
“Methamphetamine disappears so fast that a delay as much as 72 hours is likely to interfere with the discovery of it, much less five days,” he said.
Nordsven also requested Myers’ bond be lowered to a personal recognizance, but Judge William Herauf kept his $5,000 bond in place.
A confidential informant was used on three occasions to gather information for charges, said Dickinson Police Officer Jeremy Moser.
Officers who were watching the alleged exchanges nearby were able to identify Myers from photos, he added.
Despite Attorney Jay Greenwood’s argument alleging there is no evidence Douglas Johnson, 49, sold morphine, Judge William Herauf found probable cause to schedule further hearings.
Johnson is accused of selling two morphine pills, according to his criminal complaint. He waived his right to have a preliminary hearing for a second charge — possessing methamphetamine.
Pat Helfrich, special agent with the North Dakota Bureau of Criminal Investigations, said a confidential informant purchased the morphine.
“We believe he received them from Doug Johnson,” Helfrich said.
The informant was using a body transmitter to record audio from the alleged incident and had conversation with a female, not Johnson, he said.
“The only person who knows whether or not this transaction was to and from Doug Johnson is the confidential informant,” Greenwood said.
There may be enough evidence to show probable cause for a conspiracy case, but not for delivery of morphine, he said.
Henning argued the confidential informant told officers Johnson sold him the pills.
“It’s circumstantial unquestionably,” Henning said, adding it was enough evidence.
Herauf found enough probable cause was established and Johnson pleaded not guilty to both counts against him.
The same morphine charge was dismissed in January when the confidential informant went missing for several months.
However, Johnson was recharged in March when authorities relocated the informant.