Serving proudly since 1873 as the beautiful Nebraska Panhandle's first newspaper
Serving proudly since 1873 as the beautiful Nebraska Panhandle's first newspaper
The case against a Lodgepole woman arrested in May on charges of cultivating and possessing marijuana and mushrooms was bound over to the Cheyenne County District Court this week.
Mylissa Pennington appeared before County Court Judge Randin Roland on Friday for a preliminary hearing.
After listening to arguments from Deputy County Attorney Jon Stellar and Pennington’s court-appointed counsel – Sidney lawyer Steven Elmshaeuser – Roland ruled there was enough evidence to continue the proceedings against the defendant.
Pennington, 18, and Dillon Grabowski, 22, of Potter, were arrested on May 21 after law enforcement officers served a search warrant at a residence in Lodgepole.
Bond was set at $100,000 apiece for the pair. Pennington remains in custody while Grabowski is free after posting the required $10,000.
Grabowski is represented by Thomas Petersen, an Omaha-based lawyer. Last week, Roland granted a defense motion for a continuance of Grabowski’s preliminary hearing, which was initially also scheduled for Friday. He is now scheduled to next appear in court on July 16 at 2 p.m.
Pennington is charged with six felonies. In addition to the drug charges, she is accused of placing a false bomb and possessing money while violating drug laws.
During the hearing, a Nebraska State Trooper who participated in the search of the Lodgepole residence testified.
He said four marijuana plants and about 3 ounces of dried cannabis were seized from the property where Pennington is alleged to have lived with Grabowski. Additionally, a mushroom grow and 31 grams of dried mushrooms were discovered, along with $10,000 secured in a safe, $300 in a purse and scales and baggies.
In Nebraska, a person possessing more than 7 grams of mushrooms is considered to be a dealer, he testified.
The trooper also described an item located at the house that law enforcement initially considered a destructive device. The item, a firework-type fuse folded in half and wrapped in electrical tape, was later determined to be a hoax device, he said.
Under questioning from Elmshaeuser, the trooper testified Pennington said in an interview the marijuana was for personal use and she had never used mushrooms.
The trooper also said it is uncertain if the mushrooms are illegal since a test doesn’t exist to make that determination.
Elmshaeuser said his client is not involved in drug distribution and the item considered by police as a hoax bomb was the size of a M-80, a small firework.
He also argued there was no evidence linking Pennington to the mushrooms nor the money seized to drugs.
Roland, however, said the burden the state had to meet at the preliminary hearing was low – only that it appeared likely she committed the offenses.
“I find the state has met it’s burden,” he said.
A request by Elmshaeuser to reduce Pennington’s bond, which Stellar opposed, was denied.
Pennington will be arraigned in District Court on Tuesday, June 9, at 8:30 a.m.
Reader Comments(1)
guest01 writes:
Interesting story. Would like to know the purpose of a fake bomb. Didn't know there was no test for mushrooms. I think the police dog should take one for the team. Had no idea there were enough lodgepole pines in Nebraska...to name a town after them.
06/07/2015, 6:36 am