Troy-area couple charged with running illegal marijuana growing operation

A Troy-area couple have been charged with one count each of criminal production of dangerous drugs and unlawful possession of a game fish.

Richard and Jennifer Evans both pleaded not guilty in Lincoln County District Court on Monday, Oct. 24.

Last week, their attorney, Ann German, said the couple and their then-18-year-old son were detained illegally in a van on their Troy-area property for nine hours over two years ago because the search warrant was not filed properly. The last of four pages of the application for the search warrant and the search warrant itself both state that the search warrant be issued “for the purpose of using optics with magnification power and enhancement abilities to search the above-described properties from a nearby vantage point, to view and/or take photographs of items…”

German said she filed a motion with the state on Sept. 6 to get the Evanses’ property back — including some $6,285 in cash plus computers, cell phones, a digital video recorder and a flat screen TV — and that charges were filed against her clients the next day.

The couple were allegedly growing marijuana illegally on their property and had harvested three bull trout.

Their individual cases are being handled by Lake County District Court judges Deborah K. Christopher and James Manley, respectively, after German filed for a substitution of judge. The Oct. 24 court hearings were done by video link with the Lake County District Court.

In his report, Lincoln County Sheriff’s Office Detective Nate Scofield said the sheriff’s office acted on a tip and obtained a search warrant for the property in the 5500 block of Lake Creek Road. The property was searched on Sept. 3, 2014, according to Scofield’s report.

The tipster, the Evanses’ daughter, Autumn Diller, said that the Evanses had a medical marijuana license but 150 plants too many, according to the report.

Richard Evans said he was growing marijuana plants in two greenhouses and a large shop building, Scofield said.

The Evanses were producing or manufacturing more than 30 marijuana plants, according to court documents.

Scofield said the couple were each listed as patients and not as caregivers when a search of medical marijuana cardholders was made on Aug. 26, 2014. Scofield said the couple had not been registered as a medical marijuana provider since 2011. German said that the couple were growing marijuana for a registered care provider, Jennifer Hutchinson.

Montana Game and Fish investigator Brian Sommers reported that three bull trout were found at the Evanses’ home on Sept. 3, 2014. Two were 19-inches without the head and the third was 21 inches, also without the head.

Bull trout are a threatened species, and according to Montana Fish, Wildlife & Parks fishing rules and regulations, it is unlawful to intentionally fish for bull trout and to catch them in Lake Creek.

The charging document states that the bull trout are worth $500 each.

On Wednesday, Cassidy explained why it took two years to file the charges. He said that former deputy county attorney Joe Cik initially handled the case, that the attorney general’s office was also involved, and it took quite a while to gather the documentation. After Cik left a year ago, it took Cassidy a while to get up to speed on the case, he said.

He noted that the statute of limitations for infractions of Game and Fish regulations is three years and five years for violations of state law.