A Wahpeton man is facing multiple felony, misdemeanor and infraction charges related to methamphetamine delivery, methamphetamine and marijuana possession and methamphetamine paraphernalia possession.
Joshua Michael Scully, 35, made his initial appearance in Richland County District Court Wednesday, July 22. He faces charges related to a Monday, July 20 incident in Wahpeton.
Through a joint investigation of the Wahpeton Police Department and Southeast Multi-County Agency (SEMCA) drug task force, Scully is accused of allegedly willfully possessing methamphetamine, a Schedule II controlled substance, with the intent to deliver. The charge is class B felony level.
Additionally, Scully is accused of possession of methamphetamine and less than half an ounce of marijuana. The methamphetamine possession charge is class A misdemeanor level. The marijuana possession charge is infraction level.
Scully is also accused of two counts of second offense unlawful possession of drug paraphernalia. The charges are class C felony level, court documents state, because he has prior convictions for possession of non-marijuana paraphernalia.
On July 20, a Wahpeton police officer initiated a traffic stop of Scully’s vehicle near Dakota Avenue, Wahpeton. Scully’s driving privileges were suspended, documents state. His probation officer authorized a vehicle search.
The search turned up:
• a glass methamphetamine pipe
• a straw cut at a 45 degree angle
• a digital scale
• a baggie containing approximately 3.58 grams of a white crystal substance
• $792 in U.S. currency
“The methamphetamine pipe and the contents of the baggie each field tested positively for methamphetamine,” documents continue.
According to law enforcement, the combination of the volume of methamphetamine, the amount of U.S. currency and the digital scale found in Scully’s vehicle indicated that he possessed methamphetamine with the intent to deliver.
SEMCA agents also assisted with a probation search of Scully’s residence, downtown Wahpeton. He allegedly told his probation officer that there was drug paraphernalia there.
The search turned up:
• in the living room — a mirror with white residue which field tested positive for methamphetamine, a rubber hose with white residue and a razor blade
• in the master bedroom — a large mirror with white residue, a small mirror with white residue, a straw cut at a 45 degree angle with white residue, a business card with white residue, two broken methamphetamine pipes with residue, seven additional plastic straws, each cut at a 45 degree angle, a methamphetamine pipe, six zip top baggies with white residue, a homemade smoking device and a bag with the corner torn off
Scully was previously convicted in 2004 for possessing non-marijuana paraphernalia, court documents state.
The search of Scully’s residence also turned up a zip top baggie containing approximately .21 grams of a white crystal substance that field tested positively for methamphetamine. The marijuana was recovered from Scully’s vehicle, documents state.
Judge Mark Blumer presided over the initial appearance. He set bail, ordered drug testing and granted Scully’s application for indigent defense services. Attorney Don Krassin has been retained as Scully’s attorney. Richland County Assistant State’s Attorney Casey Moen represents the state of North Dakota.
The maximum penalty for a class B felony is 10 years imprisonment, a $20,000 fine, or both.
The maximum penalty for a class C felony is five years imprisonment, a $10,000 fine, or both.
The maximum penalty for a class A misdemeanor is 360 days imprisonment, a $3,000 fine, or both.
The maximum penalty for an infraction is a $1,000 fine.
Scully is currently confined in the Richland County Jail.