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PROBABLE CAUSE FOUND IN MUSHROOM CASE

By Ray King/OF THE COMMERCIAL STAFF
Tuesday, November 3, 2009 10:40 AM CST

More than three ounces of mushrooms were found in a vehicle that a White Hall police officer stopped Saturday morning after he suspected that the driver was intoxicated.

White Hall Police Sgt. Phillip Peckham, who formerly worked for the Tri-County Drug Task Force, said the 67 mushrooms, about 90 grams, could produce 45 doses of psilocybin, a Class One hallucinogen.

The driver of the vehicle, Justin Smith, 21, and a passenger, Hali Studdard, 21, could be charged with possession of a controlled substance with intent to deliver and possession of drug paraphernalia, Circuit Judge Jodi Dennis ruled Monday. Smith could also be charged with DWI after registering a .13 on a breath-alcohol test. A reading of .08 and above is considered legally intoxicated in Arkansas.

Reading from an affidavit from Peckham, Deputy Prosecutor Jill Reed said Officer Chris Meyer was patrolling Arkansas 256 at 3:37 a.m. Saturday when he saw a car driven by Smith that appeared to be speeding, and Meyer clocked the car traveling 62 miles per hour in a 40 mile per hour zone.

Reed said Meyer pulled in behind the car as it turned onto Bulldog Drive, and he stopped it on a parking lot at White Hall High School.

In the affidavit, Peckham said Meyer reported that Smith had an odor of intoxicants on his breath and person, his eyes were bloodshot, and when Meyer approached the car, noticed an odor of marijuana coming from inside the vehicle.

Reed said Smith claimed he had drank “two and a half beers and was taking a friend home,” and when Peckham arrived to assist, asked Studdard four times for her name, she refused to talk and Smith interrupted the officers.

Peckham said Meyer patted Smith down for officer safety and felt a bulge in a pocket of Smith’s jacket which turned out to be a marijuana smoking pipe.

Smith was arrested after failing a series of field sobriety tests, and Studdard, who initially claimed her name was Hali Wilson was arrested on an outstanding warrant from Faulkner County.

During an inventory search of the car, a backpack containing a bag with the mushrooms was found, and Smith claimed that they were his and Studdard didn’t know anything about them.

Reed said Smith had no prior felony convictions, and Studdard had a prior misdemeanor felony conviction for possession of a controlled substance in Faulkner County in 2008.

At Reed’s request, Dennis set a $10,000 bond for both Smith and Studdard, and told them to come back to court Nov. 16.

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