Thursday, April 5, 2018

My nephew, Noah Hayes Shuler, is charged with possession of a "rubber marijuana pipe, with burnt residue," and here is the law that governs his case


Noah Shuler and Aubrynne Russell
(From facebook.com)
My nephew, Noah Hayes Shuler, faces a charge for possession of drug paraphernalia, in the wake of a traffic stop in Sparta, Missouri, where his girlfriend (Aubrynne Russell) was ticketed for speeding, 11-15 mph over the limit. The case involves some curious record-keeping, and facts in the matter raise questions about possible drug trafficking, but such matters likely will not be investigated in a small jurisdiction such as Sparta.

What is the law governing the charges against Noah, and what punishment does it include for those convicted? The state statute is RSMO 579.074, and Sparta City Code 210.540 pretty much mirrors the state law. From lawserver.com, the Missouri statute, in part:

579.074. 1. A person commits the offense of unlawful possession of drug paraphernalia if he or she knowingly uses, or possesses with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body, a controlled substance or an imitation controlled substance in violation of this chapter or chapter 195.

As for Noah, the police incident report describes him as the owner of a "rubber green colored marijuana pipe with burnt residue inside it," which was found in Russell's 2013 black Cadillac. Noah also was described as the owner of three sandwich bags with marijuana residue. What about possible punishment? (Incident report is embedded at the end of this post.) This is from the statute:

2. The offense of unlawful possession of drug paraphernalia is a class D misdemeanor, unless the person has previously been found guilty of any offense of the laws of this state related to controlled substances or of the laws of another jurisdiction related to controlled substances, in which case the violation of this section is a class A misdemeanor. Prior findings of guilt shall be pleaded and proven in the same manner as required by section 558.021.

Noah probably will be looking at a Class D misdemeanor, but the offense can get into felony territory, under certain circumstances:

3. The offense of unlawful possession of drug paraphernalia is a class E felony if the person uses, or possesses with intent to use, the paraphernalia in combination with each other to manufacture, compound, produce, prepare, test, or analyze amphetamine or methamphetamine or any of their analogues.

The police report does not indicate that any form of amphetamine was involved in the Sparta case, so this likely will not involve a felony. Noah was deemed the owner of three sandwich bags, all containing marijuana residue, and the vehicle was not searched -- meaning someone could have dumped the contents of the bags in the vehicle, and it would not have been found.

Based on our research, the presence of a pipe suggests an individual was engaging in personal use of weed. But the presence of three baggies -- which if full, probably contained one ounce of marijuana each -- suggests someone might have been involved in dealing or distribution. Our understanding is that three ounces is a whole lot of marijuana, way more than the casual user would possess. Of course, we don't know if the bags were full at some point, but if they were, it would merit a serious investigation of possible drug dealing or distribution. Such an investigation is not likely to occur in a jurisdiction as small as Sparta, with what appears to be a two-man police department.

Punishment for a Class D misdemeanor in Missouri is a fine of not more than $500. Before records for Noah's case disappeared from case.net, a hearing was set for April 12 before Judge Andrew Todd Brown in Sparta Municipal Court. Brown is not a full-time judge; he spends most of his time as a divorce lawyer in Republic, MO, and he appears as a Facebook friend of my lawyer-brother, David Shuler.

Oddly, records for Aubrynne Russell's speeding charge (160572245 - CITY OF SPARTA V AUBRYNNE LAINE RUSSELL) still appear at case.net. They show her hearing on April 12, at 1:30 p.m., also before Judge Brown. She has the same attorney, Russell Dempsey, as Noah Shuler. If I were giving Ms. Russell advice, I'd say having the same lawyer as Noah is not a good idea, especially since the charge against him is the much more serious of the two, and it's the kind of charge where someone could try to lay blame at her feet.

Why does Ms. Russell's speeding charge still appear at case.net, while Noah Shuler's possession-of-drug-paraphernalia has disappeared into the ether? Is this a sign that someone is selling Ms. Russell down the river, and she doesn't even know it? Is this a sign of preferential treatment for Noah because he's the son of a lawyer (my brother, David Shuler), while Ms. Russell could be hung out to dry?

The record suggests Noah's case doesn't exist anymore, that someone has taken care of him. Meanwhile, it doesn't appear anyone has taken care of Ms. Russell; her case still is very much out there, according to public records. If I were her, I would be more than a little concerned about that.


(To be continued)





29 comments:

Anonymous said...

$500 fine? I bet Noah won't pay a dime. His daddy's a lawyer.

Anonymous said...

Strange that the GF's speeding case still appears, but Noah's drug case has disappeared. Smells funny to me.

Anonymous said...

Sparta is in Christian County, where the population is exploding, and the county probably has a drug task force. Noah better watch his step going forward because he's probably on the radar.

Anonymous said...

Three sandwich bags, all empty except for marijuana residue. Even a Sparta, MO cop should see that as suspicious.

Anonymous said...

How would Noah have been treated if his name was Nehemiah, and his skin was black?

Anonymous said...

Remember that judges, especially part-time judges in small towns, are members of the state bar, just like regular lawyers. That means their primary goal is to protect members of the tribe, including chillin' of tribe members.

legalschnauzer said...

@1:13 --

Extremely strong point. I've recently discovered evidence that suggests much of the corruption connected to our jail and house cases emanates from the Alabama State Bar, and I wouldn't be surprised if it has spread to the Missouri Bar.

Much more coming soon on bar-related corruption, and the toll it takes on the general public. It has absolutely rotted our court system, and the folks who have cheated Carol and me will be held accountable. More and more, it appears corrupt bastards at the State Bar are behind much of it, and we intend to root them out and make them pay.

Anonymous said...

Noah probably has discovered a secret of American life: Selling weed and other narcotics beats working for a living, by a country mile.

Anonymous said...

But aren't the police part of a corrupt tribe that lies, like in your eviction case?

legalschnauzer said...

@2:31 --

So you agree that cops lied about our eviction case and how Carol's arm got broken?

Anonymous said...

Noah will be damned lucky if someone doesn't investigate why he had three baggies, with MJ residue -- all of which just happened to run out at about the same time.

Anonymous said...

Noah thinks of himself as a big-time entrepreneur, selling soccer jerseys online and stuff. He likes to brag about it. Perhaps the dope stuff is just him taking his "business skills" to another level.

Anonymous said...

We'll, if they can lie in your case, they can lie in Noah's, right? Or do you automatically give them credibility in Noah's case because of your vendetta against his father?

legalschnauzer said...

@6:04 --

You didn't answer my question. I asked, "Do you agree cops lied regarding our eviction and Carol's broken arm?" We need to establish that first. You're the one who raised the issue, so show a little backbone and confirm what your question suggests.

legalschnauzer said...

Hah! Pretty funny. You admit that what you believe doesn't matter, so why should we care about anything you say? Answer: We don't, so blow it.

e.a.f. said...

OMG can't believe they actually have laws against that and arrest people for it to top it off. What a waste of money and time. Don't the cops have better things to do, like arrest fent. dealers or some such thing.

Anonymous said...

Here's the thing -- you claim this story line is not about a grudge against Noah's father, that it's legitimate journalism about an important topic. Let's go with that for a moment. Then why do you blast it out in your headline that Noah is your nephew? Full disclosure is usually carried out in a parenthetical aside. And there is nothing newsworthy in itself that he is your nephew. There is really only one explanation -- it IS about your grudge against your brother, and you ARE mean and sick enough to gratuitously aggravate the life of two young people who are having a tough enough time as it is. You're a liar, a hater, and a sociopath.

legalschnauzer said...

@6:23 --

You sound a lot like Aaron Walker, the fruitcake, racist, right-wing lawyer who is famed for his role in the "Brett Kimberlin Wars." We know your IP address comes from Virginia, where Aaron Walker lives, and we know that on Oct. 28, 2013 (five days after my arrest in Alabama) you wrote a post referring to me in the headline as "David Shuler." That, of course, is my lawyer-brother's name. Did you have the name "David Shuler" on your mind because you had been communicating before and/or after my arrest? Are you concerned about my reporting on Noah Shuler because you and David have been communicating about the abuse heaped on Carol and me -- and the two of you are in collusion on the project? Are you and David forming a mini criminal syndicate? Wouldn't surprise me at all, and it would explain your obsession with Noah Shuler's legal problems.

You remain the "Gladys Kravitz" of the blogging world, sticking your nose into matters that don't involve you. That hasn't paid off too well in the past, and it's not going to pay off well in the future.

Anonymous said...

Hey, Aaron, is Karl Rove still boinking Ali Akbar, the skeezy felon? How many felonies does Ali have these days? You and David Shuler must be proud to be associated with that crowd.

Anonymous said...

Aaron, never mind the question about Ali Akbar's felonies. I found an article that spells it all out.


http://ireport.cnn.com/docs/DOC-812949

legalschnauzer said...

In case you've forgotten, Aaron, here is what I wrote about your "David Shuler boo-boo." No problem with you getting my name wrong, but of all the wrong names you could have picked, "David" is what came out of your mind? Hmmm . . .


https://legalschnauzer.blogspot.com/2015/07/the-daily-caller-for-whom-jessica.html


In following this long-and-winding story, it's hard not to notice that Aaron Walker seems to be the "Gladys Kravitz of the blogging world." The Seth Allen-Brett Kimberlin dispute did not involve him, but Walker stuck his nose in it anyway. "Everybody Draw Mohammed Day," to any semi adult, was a pointless, stupid idea--the digital equivalent of soaping someone's windows--but Walker got involved in it anyway. Walker had every right to report on Brett Kimberlin's background, and to take issue with Kimberlin's politics, but court documents indicate Walker and others took their distaste for Kimberlin and turned it into a jihad that included stalking and harassment. Walker also had every right to report on my case and criticize me in any number of ways, but he jumped on the bogus "RogerS" train and essentially accused me of a crime I didn't commit. He then cited multiple anonymous sources, which is fine, but they provided an avalanche of false information--much of which could have been proven false with a check of public records, or by contacting me.

The notion of Aaron Walker as a "Gladys Kravitz" kind of character brings me to a point that hits close to home. On October 28, 2013, Walker wrote a post titled "Down Deep Into Roger Shuler's Paranoid Mind." If you scroll to the comments section, you see that the second item reads as follows:

SPQROctober 28, 2013 at 12:37 PM
David Schuler (sic)?

Why would the commenter ask this? Apparently, it's because Walker's original headline was "Deep Down In David Shuler's Paranoid Mind." It's possible that Walker originally referred to me as "David Shuler" throughout the post, but it's hard to tell about that.

As for the headline, you can check the URL, which still appears as:

http://allergic2bull.blogspot.com/2013/10/down-deep-into-david-shulers-paranoid.html

I know from experience that you can change the headline on a blog post, but the URL will reflect the original headline--at least in the Blogger format that Walker and I both use. That means Walker's original headline referred to me as "David Shuler."

Why is that interesting? Well, I have a brother named David Shuler, who is a lawyer in a state other than Alabama. In fact, I've referred to him (not by name) in at least one post, probably more

Anonymous said...

eventually someone will convince a judge to have you committed. then you will have an opportunity to get well. btw, you're as wrong as wrong can be. i never heard of the guy you seem to think i am. it's morbidly fascinating to witness your paranoid reaction to my question -- which you did not answer: why is your relationship to noah newsworthy?

oh -- also . . . lots of people live in virginia. but i'm not one of them. if it will make you feel better, i can tell you that i live in . . . some other state :)

legalschnauzer said...

@3:16 --

You're lying. Don't blame you. I would lie about an association with Ali Akbar and associated right-wing crazies myself. Funny, you mention the idea of having me committed -- the very thing David Shuler tried, and failed, to do. David Shuler is a congenital liar -- and we will be providing evidence of that on the blog in coming days -- and so are you. No wonder the two of you hit it off.

You lied about your identity -- Aaron Worthing! -- for years, and you are still a liar. You've got my contact info, and you could contact me directly -- like you did with David Shuler -- but we all know your wussy response to that. And you only want to communicate with members of your sick little legal/winger fraternity. Have a good one, Aaron. It's a hoot messing around with your deranged brain. And you are the perfect Gladys Kravitz -- obsessed with the legal troubles of a 19-year-old in another state. Now THAT is weird.

BTW, save all your phone records, emails, texts, etc. because you are going to be needing them come deposition time. Share that message with Ali, McCain, Popehat, and your other psycho buds.

Anonymous said...

6:23,
You whine like a white boy bitch. Whine and whine about coverage of Noah Shuler, claiming it's not newsworthy, but then you apparently read every single post. You prove that it is newsworthy. Typical behavior for a white boy bitch.

Anonymous said...

Noah was dealing and he will keep on dealing. A casual user doesn't have three baggies of MJ with him. That's a dealer, a trafficker.

My prediction: He gets caught within two years and winds up doing 8-10 in the big house.

Anonymous said...

9:49 -- chill out Scooter. A drug trafficker is someone who moves kilos of cocaine or cooks meth. In a growing number of states, having three bags of weed means you just visited a store where you bought it legally. Or perhaps it means that, in that absence of rational laws about weed, in Missouri having three bags means you're an entrepreneurial sort. You're completely out of control.

Anonymous said...

Hey Rog -- what does it take to get you to figure this out? I'm not "obsessed." I'm not one of those "psycho buddies." I don't know you or even care about you. I'm getting paid, you dumb motherfucker. Be nice to me and maybe I'll help you pay your cable bill.

legalschnauzer said...

@7:07 --

If someone is paying you for comments, they are getting piss poor return on investment. They could get a baboon to produce the same thing for free.

legalschnauzer said...

@7:05 --

You are correct that trafficking generally applies to moving drugs in larger amounts than were involved here. You imply that you can't traffic in marijuana, and that is incorrect -- although the "T word" usually involves, say, 30 pounds of MJ. The proper term for this article is "dealing" or "distribution," and I have made changes to the post to include proper terminology. Missouri law uses terms like "distribute" and "delivery."

Debates can be had about "rational weed laws," but the laws are there in Missouri, so the entrepreneurship you reference is illegal in this state. And it's not a good idea to trifle with those laws.