HUTCHINSON, Kan. — The two local residents charged in a drug distribution case were in court Thursday afternoon in their continuing attempt to get some of the evidence against them suppressed.
John Zapata-Beltran and Amy Fisher are charged with possession of methamphetamine, possession of marijuana and drug paraphernalia, all with intent to distribute within 1,000 feet of a school. Other charges include possession of prescription drugs, no drug tax stamp and a new count of aggravated endangerment of a child.
They’re seeking to have some of the evidence suppressed, mainly questioning the affidavit presented to a judge to authorize the search.
But, they apparently filed this week what’s called a Frank’s Affidavit. This is basically challenging the information contained in the affidavit that officers presented a judge to get permission to serve a search warrant. They called two witnesses in the hearing Thursday, but want to call more, so Judge Tim Chambers recessed the hearing until May 27.
The case itself began with a search being served on a home in the Careyville neighborhood of southeast Hutchinson, as well as a Jaguar where drugs and a Taurus 9 mm handgun were allegedly found. The home is within 1,000 feet of a Reno County Head Start.
In the master bedroom, they allege that they found green residue wrapped in tin foil and an empty digital scale box. On top of a dryer, officers found two burnt marijuana cigarettes and, inside a bathroom, officers found a small baggie of suspected methamphetamine.
In the trunk of a 2003 Jaguar sitting on a trailer, they allegedly found two backpacks and inside one them was a small lock box with some prescription drugs, new packaging materials, $10,000 in cash and a Taurus 9 mm handgun with a loaded magazine and two holsters. In the front pocket of the backpack were two digital scales. In the other backpack, they allegedly found more drugs, including 14.5 grams of methamphetamine and several bags of suspected marijuana weighing about 340 grams.
Zapata-Beltran has another case pending where he’s charged with aggravated assault with a deadly weapon and criminal possession of a firearm by a felon.
He’s accused of having the weapon back on May 12, 2015, that being a shotgun, where he allegedly threatened a woman with that weapon. These crimes occurred around the same time as the drug distribution case he’s facing trial over and, according to his attorney, is connected to the other case.