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POMEROY–The Garfield County Sheriff’s Office, with the assistance of Lewiston SWAT and Quad City Task Force, executed a search warrant on June 23, 2022 resulting in the arrest of three suspects at 2030 Pataha St., Pomeroy.
Two of the arrested suspects, Fred D. Roy, now of Clarkston, and Kelly R. McDonough, now of Elk River, Idaho, were each subsequently charged by Garfield County Prosecutor Matt Newberg with Unlawful Use of a Building for Drug Purposes as well as Maintaining a Drug Premises, both Class C Felonies.
Fred Roy pleaded guilty on January 12, 2023, to the misdemeanor charges of Maintaining a Nuisance and Use of Drug Paraphernalia. Roy was sentenced to 48 days jail and fined $100.
Kelly McDonough also pleaded guilty on February 15, 2023, to the misdemeanor charges of 1) Maintaining a Nuisance and 2) Use of Drug Paraphernalia. McDonough was sentenced to: 13 days jail; 30 days Electronic Home Monitoring; and fined $200.
Although the matter has been resolved with criminal convictions and the residential property has been vacated by the defendants, the Prosecutor’s Office had hoped for a more appropriate resolution. Facing an impending trial date as well as speedy trial issues, the resolution became necessary. More than six months had elapsed between arrest and resolution.
During that time, the Garfield County Sheriff’s Office had not accounted for the departure of one of the investigating deputies; did not send the suspected drug materials to the crime lab for testing; nor searched any of the numerous electronic devices that were seized during the investigation. This matter was a priority for the Prosecutor’s Office, however, there was not the necessary evidence to gain guilty pleas to the original charges nor could these cases proceed to trial.
-Submitted by Prosecuting Attorney Matt Newberg