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Published April 30, 2008 12:02 am -
 Charges dropped; lack of field test cited by prosecutor
COLUMBUS, Kan. — Felony drug charges against a Wagoner, Okla., man have been dismissed in Cherokee County District Court.
Casey Sutton, 27, formerly of Seneca, Mo., was charged with felony possession of marijuana with intent to sell, felony failure to have a drug tax stamp and misdemeanor possession of drug paraphernalia in connection with an incident July 30, 2007.
Cherokee County Attorney John Bullard wrote in a motion to dismiss that the county attorney’s office never received investigative reports from the investigative agency to assist in prosecution. Cherokee County Magistrate Judge Bill Lyerla signed the dismissal order on April 23.
Bullard said by phone that the Cherokee County Sheriff’s Department investigated the case.
He said he categorizes the case as one that should never have been filed, because the result of a field test for the drug was not submitted with the probable-cause affidavit. He said judges require that the drug field test results be part of a probable-cause affidavit.
The charges were filed before Bullard became county attorney. He said the Sheriff’s Department now routinely submits drug field test results with probable-cause affidavits.
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