Pleas are entered in felony pot case

SANDPOINT — A Bonner County man who pleaded guilty to reduced felony drug charges is scheduled to be sentenced in October.

George Alan Kapelle entered pleas to charges of manufacturing marijuana and illegal possession of a firearm. Kapelle was originally charged with trafficking marijuana.

The weapon charge remained intact and results from Kapelle’s 1997 conviction in California for burglary.

Kapelle entered the pleas on Monday, a few weeks after 1st District Judge Benjamin Simpson denied a motion to suppress evidence in the case.

Kapelle, 34, was charged after Bonner County sheriff’s detectives went to his home north of Ponderay in July 2011, in search of a fugitive who was rumored to be lamming it in his neighborhood.

The detectives arrived at Kapelle’s home on Artisan Way and asked if he had seen the fugitive, according to court documents. Kapelle said that he hadn’t and allegedly agreed to let the detectives in to verify he wasn’t there.

But once inside, the detectives said the aroma of marijuana was overwhelming and confronted Kapelle about the number of plants he had. All told, nearly 40 plants were discovered.

Kapelle’s defense counsel, Fred Palmer, moved for the evidence to be dismissed, arguing that detectives disregarded a no trespassing sign and a gate. Kapelle also denied giving the deputies consent to search the trailer and testified that he was ignored when he asked to speak with an attorney.

The detectives denied seeing any signs or a gate, and testified that Kapelle said “OK” when they asked to do a walk-through of the home.

Simpson denied the defense motion on Aug. 7.

“This Court finds the Detectives’ version of events more credible, and concludes that the Defendant consented to allow the Detectives to enter his home,” Simpson said in the ruling.