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A Sidney man is in custody after the local drug task force seized 35 marijuana plants it said he was growing on a nearby abandoned farm.
Floyd O. Kettle, 53, was charged last week with a count of manufacturing or cultivating of marijuana and two counts of delivery or distribution of marijuana within 1,000 feet of a park. The manufacturing charge is a Class III felony, while the delivery counts are Class II felonies.
Kettle was due in court late Tuesday afternoon for a preliminary hearing. He has requested an attorney in the matter.
The arrest comes as the result of a five-month investigation by the Western Intelligence Narcotics Group, or WING.
“The guys worked hard on this case,” said Cheyenne County Sheriff John Jenson. “We have outstanding drug enforcement in the Southern Panhandle. They put the time and effort in that they need in these kinds of cases.”
The investigation began after the task force said Kettle sold marijuana on two different instances – once on April 15 and again on July 24 – to individuals working with the task force, according to the court affidavit. Both buys, which were for $50 each, took place within 1,000 feet of North Park.
A conversation during one of the drug buys led investigators to believe that Kettle was also growing marijuana. The task force requested and received a court order for a GPS tracking device, which was placed on Kettle’s truck on Sept. 15, according to court documents.
The probe led the task force to track Kettle’s vehicle to an abandoned farm on County Road 46. Investigators say they followed shoe impressions, detected the odor of marijuana and discovered 19 plants.
After the task force requested a Nebraska State Patrol aircraft to also survey the scene, an additional 15 marijuana plants were located to the east but in the same field and were also seized. Investigators tracked Kettle’s vehicle to that location via the GPS as well, according to the court affidavit.
Kettle was pulled over in a traffic stop conducted by Sidney Police Chief BJ Wilkinson and Major Joe Aikens. During the stop, Kettle was wearing shorts and shoes, the affidavit said.
The court documents detail the stop: “When I approached Kettle’s pickup, I observed a shotgun and shotgun shells in the passenger seat. I contacted Kettle and informed him that we located his marijuana grow. Kettle then informed me that he was pheasant hunting (pheasant hunting doesn’t open until Oct. 25 and Kettle was wearing shorts and no shirt, which is not typical hunting apparel.)
“I informed Floyd Kettle that he was under arrest for the distribution of marijuana. I asked if he wanted to talk to me at the Sidney Police Department, and he stated that he wanted to talk to an attorney.”
The 35 marijuana plants were placed into evidence at the sheriff’s office impound. Also seized were a Mossberg model 500C .20 gauge shotgun, 51 rounds of .20 gauge shotgun shells, a Samsung smartphone and Kettle’s shoes.
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