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September 7, 2013

Man arrested after drunken shooting

MAPLE CITY — A Kasson Township man’s drunken desire to shoot a handgun outside his walkout basement led to his arrest and the discovery of medical marijuana plants growing free on the property, authorities said.

Brian Adam Davis, 43, faces a possessing a firearm while intoxicated charge from the Wednesday incident. Leelanau County sheriff’s Lt. Clint Kerr said Davis lives in the Trumbull Road home with his family. Davis’ 64-year-old mother called 911 late that night after hearing three shots.

Sheriff’s deputies found Davis passed out in a recliner next to a loaded 9 mm handgun. Davis’ blood alcohol level tested at .21 percent and he told deputies he was trying to “relieve some stress” by shooting the handgun.

Deputies found three large bags of marijuana next to Davis.

“As officers were making their way to home they came across some of the plant,” Kerr said.

In total, 20 mature marijuana plants were growing near the home and an additional 20 were found drying in a greenhouse. Davis told deputies the marijuana belonged to his grandfather, 88, who had a medical marijuana card. The grandfather said the plants at the home and another Leelanau County property belonged to his son, 62, who is his medical marijuana caregiver.

Traverse Narcotics Team Sgt. Randy Graham said the free-range plants were destroyed before TNT detectives could talk to the suspect. He said medical marijuana patients or caregivers may grow plants, but they must be in a secure enclosure.

“Initially, it seems the plants were growing out in a backyard and not in an enclosure,” he said.

Davis was arrested and released on bond, but found himself back behind bars Friday morning after he incorrectly dialed a number looking for a ride to his court-ordered daily Breathalyzer test.

“The long and short of it was he thought he was calling (Bay Area Transportation Authority) and called our dispatch,” Kerr said.

Leelanau dispatchers on the 5:16 a.m. call thought Davis sounded drunk and sent deputies to investigate a potential bond violation.

A breath test showed Davis’ blood alcohol level at .17 percent. He was being held in Leelanau County jail on no bond pending a court appearance.

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