Judge: Suspect's drug money can't be used for bail
Megan Strickland | Hagadone News Network | UPDATED 8 years, 10 months AGO
A Martin City man suspected of dealing drugs is going to have to find another way to scrape bail money together after a judge denied his request to have $6,000 seized in suspected drug payments released so he could bond out of jail.
Scott Matthew Downing, 52, asked that his bail be reduced from $100,000. He has been in the Flathead County Detention Center since Jan. 25 on a theft charge.
According to court documents, Downing was caught by Kalispell Police on Jan. 25 in a vehicle that had been reported stolen on Jan. 12. The truck’s owner said he had loaned the vehicle to a friend for moving purposes, but the friend never returned it.
Downing claimed he bought the truck from the friend, who was a relative. He allegedly acknowledged that he did not have a title to the vehicle.
Downing’s attorney Todd Glazier asked the judge to consider the facts of the case in lowering bail, as well as Downing’s ties to the community.
“He has a job,” Glazier said.
Glazier also asked that $6,000 found on Downing at the time he was booked into jail be returned to him.
Prosecutor John Donovan asked the judge to take a look at the bigger picture in the case.
“Mr. Downing was found with a large quantity of heroin,” Donovan said.
In the stolen truck was a handgun that Downing allegedly knew was stolen.
When he was being booked into jail, officers allegedly found $6,000 on Downing, along with a digital scale, 12 grams of suspected heroin and five grams of suspected methamphetamine. A felony drug charge will likely be filed once results are returned from the Montana Crime Lab, Donovan said.
Donovan also pointed out that Downing has a misdemeanor assault conviction from 1991, misdemeanor disorderly conduct conviction from 2003 and 2007, and a partner/family member assault conviction from 2006.
Downing was convicted in 2010 of felony criminal endangerment.
That conviction resulted after an Aug. 26, 2008 incident Downing emerged unexpectedly from the back of a van that his ex-girlfriend was riding in with another man and began punching the pair. Downing caused a crash and fled the scene.
Downing’s criminal history demonstrates he might be a risk to community safety, Donovan said.
Allison agreed that bail should remain in place and the possible drug profits should not be released.
Downing’s next court date is April 6.
Reporter Megan Strickland can be reached at 75-4459 or mstrickland@dailyinterlake.com.
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