State files charges in 2015 drug distribution case

HUTCHINSON, Kan. – A 52-year-old man was back before Magistrate Judge Cheryl Allen Tuesday morning for an arrest on methamphetamine related charges last year.

Apparently the state either dropped the charges earlier or temporarily declined prosecution against John David Smalling Sr. of Hutchinson. But, they filed the charges back on Nov. 4.

Charges include possession of methamphetamine with intent to sell, personal us drug paraphernalia and interference with law enforcement. The alleged crimes occurring back on Oct. 23, 2015.

The case centers on a Reno County Sheriff Deputy seeing a vehicle traveling westbound on U.S. 50 when he ran the tag on a white pickup and discovered the owner of the truck had a suspended license and possible warrants. He says he stopped the vehicle in the 1000 block of South Main in South Hutchinson. The officer says the driver was Dee Smalling. The passenger was John Smalling, but allegedly gave the deputy a different name, that being James Ray. The deputy eventually found a wallet that had a Kansas ID card that showed his real name.

During a search of John Smalling, the deputy found a medium-sized bag of a white crystal substance in one of his pockets. In the other, the deputy allegedly found a large bag of the same thing. Smalling allegedly admitted it was methamphetamine. The deputy also allegedly found a silver aluminum pipe inside his right sock.

In court, he argued that he was told the charges were dropped. Judge Allen explained to him that even if the charges were dropped, it would be without prejudice meaning the state can re-file the charges at anytime.

The case will now move to a waiver-status docket on Dec. 20.

Smalling has served time in prison for drug charges, theft and obstruction convictions out of Pratt County. He also has a prior conviction for violation of the offender registration act out of Reno County.

He’s currently serving a sentence for violation of the offender registration act and is not due for parole until Feb. of next year according to the Kansas Department of Corrections website.