20-year-old faces felony marijuana distribution charge
Tuesday, November 15, 2011
Steamboat Springs — A 20-year-old faces a felony possession and distribution charge related to 5.8 ounces of marijuana that police said they found in his car early Monday.
Steamboat Springs Police Department officers contacted Ritch Sterling Carr because it looked suspicious that his car was parked in an empty Colorado Mountain College parking lot at about 2 a.m.
According to an affidavit filed with the Routt County Court, Carr told police that he and three others were in the 2011 Nissan Xterra because he wanted to watch a movie on the car’s console and that he did not have a television in his room.
Police reported smelling marijuana and thought Carr was under the influence, the affidavit states. Police told Carr they were going to search the car and asked Carr whether there was any marijuana in the car. Carr told police there wasn’t, the affidavit states.
Items found during a search of the car included 5.8 ounces of marijuana in various containers, a bong, three blunts, a grinder, two scales, a bottle of liquor and nine empty jars.
According to the affidavit, when Carr was asked who the marijuana belonged to, he said “I guess I’ll take the blame for it. It’s mine.”
Carr was arrested on suspicion of unlawful possession with intent to distribute, a Class 4 felony. He also was arrested for misdemeanor possession of less than six ounces of marijuana and driving under the influence of drugs.
Carr posted a $10,000 bond and was released from jail. He is due in court at 8:30 a.m. Jan. 17.
Comments
Stephen Evans 1 year, 6 months ago
Why arrest the kid for driving under the influence of drugs when he was sitting in his Car? Cops needs to concentrate on getting the drunks off the road and protect our community.
rhys jones 1 year, 6 months ago
And this is news.... WHY???? Big deal. 5.8 ounces -- woo hoo, call the Feds. Sounds like a gang to me.
Rich: Call Don McBee, in Grand Junction. He's not part of the local legal clique, although it'll cost you some travel money. You'll get a better deal than with the local yahoos. Might even win.
Pilot: Maybe you'll get lucky and a plane will crash, and you'll have some real news for us.
Scott Wedel 1 year, 6 months ago
There are also good local defense attorneys.
Sad part of the legal system is that Carr's eventual deal will be so dependent upon how much money there is for the defense. If he can afford to go to trial then he'd expect to win the distribution charges (where is the cash from the drug sales?) and driving charges (went from dorm to car, didn't drive anywhere) so the deal he gets offered by the DA will depend upon Carr's ability and willingness to go to trial because the DA does not want to take it to trial.
And lesson there for the kid, doing it away from everyone else in your car is suspicious and is what attracted the police. Park with all the other cars next time.
Scott Glynn 1 year, 6 months ago
I love reading the debates on here and periodically like to interject with some common sense perspective. I respect everyone's differences in opinion and the stances they believe in. If they can come to the table with factual data to support their arguments and not just spew vitriol, it is a great forum. But Highwaystar, "Pilot: Maybe you'll get lucky and a plane will crash, and you'll have some real news for us." I think I just lost a little bit of respect for you.
seeuski 1 year, 6 months ago
Anyone who is in their vehicle with the keys in the ignition and DUI/DUID will be charged with driving under the influence, always has been the case. This is news because it is a crime, sorry for the inconvenience of the PILOT doing their job and reporting crime, even if it does include drugs. Oh, I forgot, the OWS crowd gets a free pass on any laws that apply to everyone else.
spidermite 1 year, 6 months ago
scottglynn, Highway has a strange sense of humor. Several of us do. He didn't mean it in the way you interpreted it.
Scott Wedel 1 year, 6 months ago
Seesuki, Yes, police typically file charges of DUI/DUID if person is in the car regardless of whether or not the keys are in the ignition. They are allowed to presume there was driving before the car stopped, but it does not mean the charges will hold up in court. The defense can argue there was no driving to the jury and win the case. And the facts of the case would seem to support the defense that student left dorm room to smoke pot in car, not to drive anywhere.
And lots of crimes don't get articles and only some do. A contributing factor to this being newsworthy was probably that it was a slow news day.
rhys jones 1 year, 6 months ago
spider -- Thanks for the kind words; I am rarely to be taken literally. It's inherited; 5th generation inbred Western Slope, I've got kinfolk all round these parts, many of whom I've met, and all speaking out the side of their mouth, tongue firmly in cheek. We're all buoyantly optimistic, while outwardly cynical, despite things -- ain't OUR problem, right?
That said, this kid's got a problem. They'll drop the intent to distribute, but hold out for felony possession, this with competent representation. His record is already scarred, just the arrest, any conviction just icing, or nails. Pseudo-lawyers aside, he's screwed. No big companies gonna make Ritch rich now.
Ironically, every DUI in The Record represents more of a threat to society, yet none rate their own article, unless especially tragic, or a celebrity is involved.
Hint, Ritch: Try the Tim Walsh defense: Honish, Ossifer, I didn't do nuthin til I got HERE!!
Scott Wedel 1 year, 6 months ago
Well, the kid's answer of "I guess I’ll take the blame for it. It’s mine.” certainly suggests that it was not actually all his, but that he was going to take all the blame. I think any defense attorney would like their chances in front of a Routt County jury on these charges. If the kid is well spoken then he can testify to a late night pot smoking party in his parked car and say most all of the pot belonged to his friends.
And what students go to CMC to get rich working for big corporations? If that was the kid's goal then he had deep problems the second he enrolled at CMC. CMC doesn't have classes past freshman year for the degrees of interest for high paying corporate jobs.
rhys jones 1 year, 6 months ago
Hey, wasn't none of it mine, EVER, I don't even know how it got there. They wouldn't buy that one either. Like my friends are gonna leave me with 5 ounces of their stash. You don't know my friends, but they know me!! The ADA isn't stupid either.
rhys jones 1 year, 6 months ago
But now that you mention it, he might "get off" with just the misdemeanor; the intent to sell won't stick.
Which is what elicited my first post here: This is really no big deal, let alone news.
Scott Wedel 1 year, 6 months ago
Why do you say he was holding his friend's pot? The pot and the friends were in the car. Friends could have emptied pockets of pot bags into the car upon seeing the police approach. Considering the lack of cash found by the police, it doesn't look like a drug deal. There is probably some stupid mostly innocence reason why some of them brought so much pot because it doesn't make sense.
The point of these charges is probably more to get him to give up his friends than any expectation of convicting him of those charges.
And Rhys, you've gone between no big deal to the kid is screwed.
At least the police didn't claim some ridiculous street value. I suppose they could claim a retail value of the seized pot. :)
Brian Kotowski 1 year, 6 months ago
Alone in an empty parking lot in a car littered with "...5.8 ounces of marijuana in various containers, a bong, three blunts, a grinder, two scales, a bottle of liquor and nine empty jars." He might as well have equipped the car with a neon sign flashing "Arrest Me!"
The scales are gonna hurt him in front of a judge. Class 4 felony = 2-6 years. I'll bet the kid regards it as kind of a big deal.
Scott Wedel 1 year, 6 months ago
A decently spoken kid should be concerned, but can also expect to get off lightly. His defense will probably focus on the lack of cash as proof of no dealing. And who is going to try to accurately weigh anything in the middle of the night in a car while smoking pot? His defense can come up with various reasons why he had scales. Or the defense blames it all on his friends and all he did was have a car and think he was acting honorably by taking all the blame when the police showed up.
I think the biggest thing the kid has going for him is that I don't think a Routt County jury would convict a college kid on serious charges without proof he was dealing. Here there might even be a licensed mmj patient on the jury. Defense could argue that mmj patient status is legally as relevant as other jurors having prescriptions for pharma meds.
seeuski 1 year, 6 months ago
Oh Yea, and maybe he can request Elana Kagan as his Judge, that might just do the trick. C'mon man, reading the lame excuses here...... I am sure every Judge has heard the same ole things, I don't know how it got here or, I had an ear ache and it's mmj or, I lent my car to some guy and he must of left it and I don't know who he is or where to find him. Please guys, next story to argue over might be better for ya.
tcb 1 year, 6 months ago
Almost 6 ounces of weed? How many gallon baggies of weed is that? Like 5 or 6? Scales, grinder, empty jars....sounds like distribution to me. If i read the law correctly the car doesn't have to be moving(driving). The driver has to be in control of the car or able to make it move with little effort. Sounds like that is what happened here. Gotta love the "I'll guess I'll take the blame for it" excuse. I'm guessing that 6 ounces of weed in an enclosed car was pretty easy to smell. Wonder if he plans on claiming it was oregano that he was selling for his little sister the Girl Scout. Maybe instead of a "plane crash", Highway, the DA's office will stick it to the fella for once. THAT would be news worthy.
rhys jones 1 year, 6 months ago
tcb -- "gallon baggies"? I want whatever you've got!! Unless it's BOOZE. Well, maybe then too.
Scott and all you other would-be's -- only the ex-pub is qualified here, he won't squawk, and see how far your arguments go with Judge G.
Another jailhouse tip: The CRS annotations will not suffice, read the cases.
rhys jones 1 year, 6 months ago
Ain't eatin' this 5 ounces, all by by myself. Somebody else goin' DOWN.
I hate picking up litter, all alone.
shawant 1 year, 6 months ago
Simple possession of up to 8 ounces is a misdemeanor, not a felony. The only way to get to a felony is to prove intent to distribute. That the containers were "various" and not uniform cuts against a distribution scenario. If the amounts in the containers were various too, even less like distribution and more like multiple owners with a car owner who talks too much.
rhys jones 1 year, 6 months ago
Regardless of the actual outcome of this case, Ritch's record will henceforth reflect the felony he was arrested on, not whatever charge(s) eventually stick(s), an obvious deficiency in the system, and Johnny Law is too eager to file such charges, even knowing they are futile, for just such said consequence. Brand 'em early, and permanently.
Phoebe Hackman 1 year, 6 months ago
Not to change the subject, but everybody should step outside right now and look at the sunset :-)
rhys jones 1 year, 6 months ago
Phoebe -- I didn't take your advice, so furiously pecking away at another article was I, but the alpenglow on the clouds to the southeast, just over Howelsen from here, was splendid!! Thanks for the head's up anyway, sorry I missed it, but I didn't, really.
Now back to the subject: I've said too much already.
1999 1 year, 6 months ago
yes phoebe...nice.
bandmama 1 year, 6 months ago
It was beautiful!! And thanks for sharing!! And so another bright young mind at "See Me Ski" shows why we need to have another 4 yr (or something like..oh say a nursing/medical type....) degree locally. Yes, I love sarcasm and will do my best to bear the hateful comments a-coming. But here? in Steamboat? This dude was busted with 5 plus ounces, a grinder and scales??? How...stu, (no)...DUM..(no)...Blatently..(no) how much of a dumba$$ do you have to be to park THERE and have that crap, in an empty CMC parking lot at that time? I guess the best word is ignorant? Just saying...(Oh yeah, and thanks Dude for making a mockery of those that tried to keep it all legal and on the up and up. What you did is just wrong!!!)
rhys jones 1 year, 6 months ago
bandmama -- Several real sharks will make a buck or two off this, look what the quasi-legals are doing already!!
bandmama 1 year, 6 months ago
Perhaps.... but still cant help myself from pointing out how stupid this was. And sometimes dang it! I just GOT to!!!
rhys jones 1 year, 6 months ago
Yeah, but this harkens to one time back in the Suck. I guess the MP's thought my Bose's were playing Boston a lot too loud, and when they came to investigate, anything they found was in a public area -- weed, pipe, switchblade (I foresaw this, had nearby friends who helped) -- none was attributable to any of the four room residents -- so they walked, nobody in tow.
Even in the military, laws are beautiful things. Not that we were terribly bright at the time.
darkstar 1 year, 6 months ago
Shawant - I don't think it matters that there were various containers, different sizes/different shapes and various amounts of weed. What it all boils down to is that there were multiple scales in the vehicle. What else are you intending to do with those scales other than weigh/distribute/sell? Unless you are a serious chef with a mobile EZ Bake oven, well then......
rhys jones 1 year, 6 months ago
The end buyer could conceivably have scales too, to make sure he gets what he paid for, no resale intended. Circumstantial at best, proof of nothing.
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