Trial continued in Carney man’s trial

A Carney man has been granted another continuance in his jury trial on a total of 13 charges.

Bobby Lloyd Johnston, 64, was arrested on Jan. 11 this year as officers served a warrant at 820575 S. 3330 Road in Lincoln County. Originally, he was charged with three felonies and four misdemeanors.

Formal charges were filed in Lincoln County District Court on Jan. 14 against Johnston.

During a disposition docket on Sep. 27, District Judge Cindy Ashwood granted Johnston’s motion to continue his trial until 2023. She scheduled him for the disposition docket at 9:30 a.m. on Jan. 17 and his jury trial at 9 a.m. Feb. 6. 2023.

Johnston originally had been scheduled to stand trial in June of this year. But during the jury trial call docket on June 3, he waived a speedy trial and he was set for the jury term that began on Monday of this week.

On March 4, at the conclusion of that hearing, he was bound over to stand trial.

During his arraignment before District Judge Cindy Ashwood on March 15, Johnston entered a plea of not guilty.

The three felonies included cultivation of a controlled substance, committing a felony with a firearm with defaced ID number and knowingly receiving or concealing stolen property.

Court records indicate the knowingly receiving or concealing stolen property count, a felony, was dropped.

The four misdemeanors included possession of CDS, possession of a controlled substance, unlawful possession of drug paraphernalia and unlawful collection/disposal of waste tires.

He is accused of allegedly committing each of the crimes on Jan. 11 this year.

Count 1 accuses him of cultivating marijuana botanically from which a CDS may be derived at the residence where he was arrested on the day deputies served the search warrant.

Count 2 charges him with having under his control a firearm which had the serial number removed.

Count 3 charges him with possession of CDS, methamphetamine.

In count 4, he is charged with having marijuana and not having a valid prescription from a practitioner.

Count 5 states he unlawfully possessed two used hypodermic needles which are used by abusers of drugs classified as CDS without having any medical or other lawful need requiring possession of that paraphernalia.

Count 6 charges him with unlawful collection/disposal of waste tires.

In Count 7 he is accused of maintaining an illegal dump. Count 8 charges him with disposal of waste without a permit, by operating a site at which solid waste is disposed of other than a site or facility for which a permit for solid waste has been issued by the Department of Environmental Quality.

Count 9 accuses Johnston of a having a sewage system not in compliance.

In Count 10 he is accused of unlawful dealing in salvaged auto parts.

Count 11 charges him with dumping trash near a highway.

In Count 12, Johnston is charged with operating a scrap yard without a license.

And Count 13 accuses him of purchasing and selling burnt copper.

Deputies located Johnston sleeping in an RV, according to an affidavit filed by Deputy Kelly Coleman.

During their search of the property, deputies located several weapons, among them a single shot 12-gauge shotgun, a Stevens single shot .22 caliber rilfe, a Marlin Glenfield model 75c semi-automatic .22 caliber rifle and three high power .177 caliber air rifles.

They also discovered an assortment of drugs and paraphernalia, among them marijuana plants and other substances.

Johnston was transported to the Lincoln County Jail in Chandler where he was booked on the charges.