The Martin Firm News

Wednesday, Sep. 16, 2009

Harris County man found not guilty of drug charge

By ALAN RIQUELMY

Authorities claimed that Ronald Kirkwood had more than 100 pounds of marijuana on his Harris County property in April 2008.

A federal jury, however, found the 48-year-old not guilty last week of possession with the intent to distribute, said John Martin, defense attorney.

But Kirkwood was convicted of possession of a firearm by a convicted felon on Friday. He remains out on bond pending his sentencing before U.S. District Court Judge Clay Land.

The jury deliberated for more than two days, sending out a number of questions about whether having drugs on your property equaled possession, Martin said. The judge replied that jurors had to weigh the facts, the circumstances and the evidence in the case.

“There was very little evidence other than the anonymous tip,” Martin said. “That drew the battle lines.”

Harris County authorities seized more than 100 pounds of marijuana from a Waverly Hall home in April 2008 during the execution of a search warrant, Sheriff Mike Jolley said. The drugs were found in a van in a storage shed, packaged into 5-pound bundles, he said.

A sawed-off .22-caliber rifle, other rifles and pistols were also found, the sheriff said.

Kirkwood turned himself in about six weeks after the search warrant was executed, Martin said. The defense attorney said Kirkwood had back surgery in Colorado about three weeks after his property was searched. There was also a dispute about whether he was in the state when the search occurred. Kirkwood could face about five to six years in prison on the weapons charge, Martin said.

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