On North Farr Road in Spokane Valley, members of law enforcement swept into a home and arrested several drug offenders. The home had been the subject of ongoing investigations for drug-related activity. Among those arrested, there was one offender with 14 and another with 11 felony convictions on their record. The Spokane County Sheriff's Office reported that cash, vehicles, heroin, and methamphetamine were seized.
Investigative efforts led to the arrest of 51-year-old Gary Olive. He faced charges of possession of a controlled substance with intent to deliver of both heroin and methamphetamine. Olive entered an agreement where he pled guilty of conspiracy to deliver, a lesser offense. Crimes that relate to the criminal conspiracy are those committed with the intent that involves one or more people who “take a substantial step in pursuance” of committing a criminal act.
Washington Laws Regarding Controlled Substances
Controlled substances are drugs, agents or precursors that are defined as Scheduled drugs that are classified within the Uniform Controlled Substance Act. In RCW 69.50.401 it is explained that it is a crime to “manufacture, deliver, or possess with intent.” The offender may be guilty of a class B felony when a Schedule I or II substance is involved, which may also include its isomers or salts. The offender may be fined up to $25,000 when the quantity of the drug is less than two kilograms. The fine may be increased to $100,000 when more than two kilograms of the substance is involved.
An offender may also be guilty of a class B felony when the drugs involved are amphetamine or methamphetamine. The fines are also up to $25,000 for possession of fewer than two kilograms and up to $100,000 for possession of more than two kilograms. Those who are found to be manufacturing methamphetamine are also financially responsible for the cleaning that is necessary to safely restore the property.
Chronic Nuisance Investigation
The home on Farr Road, in this case, was classified as a Chronic Nuisance. This was based on excessive traffic, noise, and an overall atmosphere that reflected the drug-related activity. The city ordered the property owner to stop all criminal behavior. Prior to the day that the arrests were made, investigators conducted surveillance of the property.
Municipal Code: Chronic Nuisances
The Spokane Valley Municipal Code states that the nuisance laws were enacted to protect the safety of the community. Many of these troubled properties are environments that result in injuries, criminal activity, and the erosion of local property values. The activity that occurs on the property must be deemed as being “unreasonable or unlawful” and may potentially be a risk to the welfare of others.
A chronic nuisance is declared when some real property:
- Places the health or safety of others in the area in jeopardy
- Is a haven for an activity that may offend or be considered as indecent
- Has been deemed to be a nuisance for a period of 12 months
- Was the site of at least four incidents involving criminal behavior
Experienced Legal Counsel for Defending Drug-Related Offenses
Attorney Steve Karimi provides effective legal representation for clients across Washington State. He has many years of experience defending against allegations that involve possession of or intent to deliver controlled substances. Contact the office today for a consultation at (206) 621-8777.