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Butler man to face trial for growing marijuana

Says apartment wasn't his home

A Butler man faces trial on charges he and his girlfriend ran a marijuana grow operation at their city apartment.

But the attorney for 24-year-old Clecy E. Thompson argued at a preliminary hearing Monday that his client did not live at the apartment in the 400 block of Zeigler Avenue

However, District Judge Pete Shaffer ordered Thompson held for court on a felony charge of manufacture of a controlled substance and misdemeanor charges of possessing a controlled substance and drug paraphernalia.

Brittany M. Kimmel, 23, faces similar charges in Butler County Court after she waived her own preliminary hearing last month.

Thompson remains in the Butler County Prison on $50,000 bail as well as a detainer for a suspected state parole violation. Kimmel is free on $15,000 bail.

Butler police were called March 24 to assist state parole officers in detaining Thompson, who they believed could be armed, authorities said.

Parole officers initially not only found Thompson at the Zeigler Avenue apartment but a suspected illegal grow operation, too.

Butler police officer Anthony Fatta testified that the finding allowed police to get a search warrant for the home. The search turned up six marijuana plants, grow lights, potting soil, two glass pipes and a .32-caliber pistol, Fatta said.

On cross-examination by Thompson’s attorney, public defender Joe Smith, the officer admitted that he does not know who is the listed tenant or tenants at the apartment.

Fatta testified that he presumed Thompson lived there because he found a Pennsylvania identification card there as well as mail addressed to Thompson.

But Smith showed Fatta an active state photo identification card for Thompson that listed a Walker Avenue address.

Fatta told Smith that he found multiple ID cards for Thompson at the home.

Following testimony, Smith asked Shaffer to dismiss the felony charge against Thompson, calling him a “mere visitor” and not a resident of the apartment.

“There is no evidence (Thompson) had anything to do with (the grow operation),” Smith argued.

But prosecutor Mark Lope, a county assistant attorney, noted Thompson’s mail and ID card were found at the home.

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