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- GLEN SPEY -- A possession of marijuana charge against Brian Rupp, 24, of Barryville was adjourned in contemplation of dismissal (ACD) by Lumberland Justice William McKerrell on August 6.
- Because less than 2.5 grams of the drug were involved in the July 9th incident, McKerrell said the charges will be dismissed after six months if there are no further violations.
- Speaking on his son's behalf was Don Rupp, who contended that any marijuana evidence was obtained illegally by National Park Service (NPS) rangers acting outside their jurisdiction, by searching Brian Rupp on private land.
- The elder Rupp hesitated to "accept" the ACD ruling, if it could be construed as an admission of guilt. After a lengthy private discussion with the prosecutor, the Rupps agreed not to contest the disposition. "I would rather have heard you say that you were ready to dismiss it for no evidence," Don Rupp told the judge.
- In a report of the incident, NPS rangers admitted that the marijuana turned up in a search of Brian Rupp, after he was detained for firing a weapon in their vicinity. Rupp maintained that he was target shooting at a log with a shotgun. The shooting which preceded the search was not raised in court.
- The following cases were also heard on August 6.
- Iredell Gomillion Jr., 44, of White Lake, charged with DWI and driving 58 mph in a 45 mph zone, was given a temporary license and directed to report to White Plains or Albany within 20 days to reapply for his permanent license.
- Glenn Borstelman, 29, of Yulan, charged with passing in a no-passing zone, was fined $20 plus $10 in court costs.
- Rene Rodgers, 54, of Glen Spey, pled not guilty to DWI and failure to yield. Police information alleged that her blood alcohol content was more than twice the legal limit. The matter was adjourned to August 27 so she could obtain counsel.
Related external link
- Upper Delaware Scenic & Recreational River
- Because less than 2.5 grams of the drug were involved in the July 9th incident, McKerrell said the charges will be dismissed after six months if there are no further violations.
August 13, 1987.
Rupp charge adjourned
Related story here