WARSAW — A Warsaw man was sentenced in Kosciusko Circuit Court Monday, April 16, on charges in two cases.
Daniel Kay Smith, 47, 202 Argonne Road, Warsaw, was found guilty of dealing in methamphetamine, a level 5 felony; possession of a syringe, a level 6 felony; and theft, a level 6 felony.
According to the affidavit of probable cause, on July 13, 2016, an officer with the Warsaw Police Department made a traffic stop that resulted in knowledge of a Warsaw man allegedly manufacturing and dealing methamphetamine.
An officer went to the address given and stood outside in an attempt to detect odors associated with the manufacturing of methamphetamine when he noticed a man looking out from a second story window. The officer proceeded to an area in the back of the apartment building, where he was met by the male who had been looking out the window, identified as Smith.
After the officer identified himself, Smith told him, “There has been some meth stuff going on and might be a little weed.” The officer asked Smith for consent to search his apartment, but Smith told him no. The officer then asked if Smith would allow him entry to make sure no one else was in the apartment, and Smith agreed.
While the officer was looking for other occupants, he smelled a chemical odor in the residence associated with manufacturing methamphetamine. The officer also observed a syringe on the bedroom dresser, along with a gallon plastic bag, which had a white residue and the corner removed.
After locating no on else at the residence, the officer arrested Smith. During a body search, the officer found a plastic bag containing a few grams of marijuana. In Smith’s wallet, another plastic bag was found that contained a yellow powder which tested positive for meth, weighing 1 gram.
A search warrant was obtained for Smith’s residence. The officers discovered chemicals bubbling in a plastic bottle, which officers identified as a one pot meth lab. Also found in Smith’s residence were precursors used to manufacture methamphetamine.
In court today, Attorney Scott Reust addressed Judge Michael Reed, stating, “You know Daniel. He’s been my client for a couple of years. He was not successful in drug court, but I think he did change quite a bit.” Reust described Smith as having a good heart.
“Sitting here today he is much healthier and he has a lot more tools. His thinking has completely changed,” said Reust. “He was a functioning substance abuser. He’s always worked, but he has struggled with substance abuse.”
Prosecuting Attorney Dan Hampton concurred, “I agree with everything Mr. Reust said.”
Reed acknowledged that he was in agreement and told Smith, “I take no pleasure in this today. I know you’re better off than you were, but you just can’t seem to get over that hill.”
In the first case, for the charge of dealing methamphetamine, Reed sentenced Smith to three years in the Indiana Department of Corrections. For the charge of possession of a syringe, Smith was sentenced to one year in the IDOC, with the sentence to be suspended and served on formal probation. The sentences were ordered to be served consecutively.
Smith was ordered to complete a substance abuse evaluation and any treatment recommended. He was given jail time credit of 51 days. He was also ordered to pay restitution to the Warsaw Police Department in the amount of $1,412.12 for the environmental clean-up cost and to John Wise in the amount of $6,834 for real estate clean-up costs.
Regarding the second case and the charge of theft, Smith was sentenced to one year in the Kosciusko County Jail. This sentence was ordered to be served consecutive to the sentencing in the first case. He was given 281 days of jail time credit. He was also ordered to pay court costs.
Pursuant to the plea agreement, remaining charges were dismissed.