Guilty plea in pot bust

Local News

December 1, 2009

Anonymous The Zope Gazette Tue Dec 01, 2009, 08:38 AM CST

By Brad Kellar

Herald-Banner Staff

A Kentucky man has learned prayer doesn’t always work if you are trying to avoid detection for transporting marijuana.

That, and if you don’t want the police to search your vehicle, don’t tell them they can look everywhere but the trunk where you have stored almost 58 pounds of pot.

Mark Nathan Amburgey, 25, Frankfort, Ky., discovered the lessons the hard way. Amburgey entered a plea of guilty Monday in the 354th District Court to one count of possession of between 50 and 2,000 pounds of marijuana. Under a plea bargain arrangement, Amburgey was placed on 10 years of deferred adjudication probation with drug terms, was fined $2,500 and was ordered to complete 360 hours of community service.

According to a complaint filed by the Royse City Police Department, an officer stopped Amburgey’s 2002 Nissan for speeding at the 81 mile marker on eastbound Interstate 30 early on the morning of Dec. 28, 2008. In speaking with Amburgey, the officer reported noticing the defendant’s nervousness and ambiguity in his statements and asked for consent to search the vehicle. Amburgey said his brother had driven the car the day before, and may have hidden some marijuana under the passenger seat. But Amburgey told the officer he could search anywhere in the vehicle, except the trunk.

The Royse City officer contacted the Hunt County K-9 officer to do an “air search” of the trunk and reported that while waiting for the unit, Amburgey appeared to be praying.

The K-9 officer arrived and explained the process, at which time Amburgey consented to the search and the 57.65 pounds of marijuana were found in plastic bags and plastic boxes inside the trunk.

Deferred adjudication probation carries no finding of guilt, although those defendants who are found to have violated a deferred probation are subject to being sentenced to the maximum punishment.

Amburgey could have been sentenced to a maximum of 20 years in prison and fined up to $10,000 for a conviction on the second degree felony charge.

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