Man claims marijuana was his

Jun 26, 2010 — The Hawk Eye

John Mangalonzo

Jun. 26, 2010 (McClatchy-Tribune Regional News delivered by Newstex) -- Tristan James Barnes gave valuable information shortly before he was hauled off to prison where he will be for five years in May.

That information indicated marijuana found inside a home the 41-year-old shared with Diana Brecount, 42, was his and his alone. He even gave a written statement to his defense attorney about whose marijuana it was.

In light of this development, the charge of possession of marijuana with intent to deliver filed against Brecount has been dismissed with prejudice, meaning the state is barred from bringing an action on the same claim.

"Barnes went on to state that Brecount did not possess the marijuana and was not involved in dealing the marijuana," Des Moines County prosecutors said in court papers.

In January, agents from the Southeast Iowa Narcotics Task Force, Burlington police officers and deputies from the Des Moines County Sheriff's office executed a search warrant at 118 N. Gunnison St. in conjunction with an investigation regarding illegal drug distribution in the area allegedly involving Barnes and Brecount.

Besides the marijuana, agents also seized drug paraphernalia such as smoking pipes, authorities said.

An undisclosed amount of cash reportedly also was found inside the home.

Barnes is serving a five-year prison term for possession of marijuana with intent to deliver.

Newstex ID: KRTB-1064-46472911