Eureka man sentenced for magic mushroom possession

A Eureka man was recently sentenced for possessing psilocybin mushrooms.

Gunnar Lee Shelton, 20, got a one-year deferred sentence May 20 from Lincoln County District Judge Matt Cuffe. He received credit for serving 12 days in the county jail. According to his attorney, public defender Ben Kolter, Shelton would have no issues with paying $1,030 in restitution.

Shelton initially pleaded not guilty, but later changed his plea on March 25 to one felony count of possession of dangerous drugs.

The case began May 31, 2023, when county deputy Clint Heintz and probation officer Steve Watson did a probation check at Danny Luciano’s residence on Airport Road in Eureka. 

Heintz found Watson inside the basement speaking to Luciano’s 12-year-old son, who was home alone. Watson and county deputy Michael Avila found numerous ‘Twisted Tea’ containers. A search of the basement turned up a plastic bag of what Heintz believed to be psilocybin mushrooms. The baggie was on a table along with multiple pieces of marijuana paraphernalia, court documents said.

The 12-year-old boy said he shared a room with Shelton, his brother, and the stuff on the table belonged to the accused. Heintz said he knew Shelton from a recent DUI arrest in Eureka where the juvenile boy was in the rear seat of the vehicle.

Heintz’s search in an upstairs bedroom turned up a clear pipe with white residue inside a dresser. The officer also found female clothing and a social security card for Luciano’s sometimes girlfriend, Devin Chappel. A field test of the pipe indicated it held methamphetamine, the charging document said. Heintz also reported finding a baggie that held ammunition and gun parts inside Shelton’s possessions.

Later that day, Heintz and Watson returned to the residence. Watson arrested Luciano for a probation violation. Heintz questioned Luciano about the mushrooms and he said they weren’t his. When the officer asked Shelton, he said they belonged to him.

Heintz weighed the bag of mushrooms and it was six grams.