Jason Cleaver, 22 of Wind Gap, Pennsylvania, and Richard Cleaver, 23 of Stroudsburg, Pennsylvania, were arrested without incident by the Pawnee County Sheriff’s Department December 29, 2022 following a traffic stop on a probable cause suspicion of possession of marijuana with intent to distribute.
The K-9 unit was utilized in the search of the suspect vehicle. Following review of the probable cause affidavits, the Pawnee County Attorney’s Office charged both men with (1) Possession of Marijuana in excess of 450 grams, but less than 30 kilograms with intent to distribute; (2) Conspiracy to Possess Marijuana in excess of 450 grams, but less than 30 kilograms with intent to distribute; (3) Misdemeanor Possession of a THC product; and (4) Possession of Drug Paraphernalia, to wit: a smoking device.
Additionally, Jason Cleaver is charged with Speeding, to wit: 82 m.p.h. in a 65 m.p.h. zone.
Under Kansas law, there is a rebuttable presumption of intent to distribute if any person possesses a quantity of at least 450 grams or more of marijuana. The investigation remains open.
At the First Appearance Magistrate Judge Julie Cowell advised the defendants of their charges, the possible penalties if convicted, and their constitutional rights, including their right to counsel.
If convicted, under the Kansas Sentencing Guidelines each defendant faces between 92 months and 144 months in the custody of the Department of Corrections depending on their criminal history.
Preliminary Hearings have been scheduled for January 17, 2023. Both defendants are being held in the custody of the Pawnee County Sheriff in lieu of $90,000 cash or surety bond. All defendants are presumed innocent until proven guilty.