By Ray Van Dusen and Emily Tubb
SMITHVILLE – Smithville Hardware owner Allen Duncan, 49, was charged Feb. 12 by the Monroe County Sheriff’s Office with possession of marijuana with intent, the day after an appearance in U.S. District Court.
Sheriff Cecil Cantrell estimates Duncan was in possession of 3 to 5 pounds of marijuana. The charge follows Duncan’s proceedings in U.S. District Court pertaining to possessing firearms and failure to report proper earnings.
Duncan appeared in U.S. District Court on Feb. 11 in front of U.S. Magistrate Judge David A. Sanders for an initial revocation hearing in Aberdeen. The court found there was probable cause for a revocation hearing, and a date and time for the hearing will be set. Duncan was represented by federal public defender Scott Davis.
Duncan pleaded guilty to one count of wire fraud and was sentenced to five years probation beginning in September 2011 by U.S. District Judge Mike Mills. Acting as a vendor to Burlington Northern Santa Fe Railroad, Duncan was accused of a scheme with railroad employees in the early 2000s to prepare fraudulent invoices.
Following a report to the MCSO in December of last year of stolen money and guns, it was brought to light that Duncan was in violation of his parole by possessing firearms and not properly reporting earnings.
He will be arraigned in Monroe County for the marijuana charge, but is not eligible for a bond, according to Cantrell. Cantrell said he will likely go to federal prison on the gun possession and reporting money infraction.
There is no way to know if federal authorities will pick up the marijuana charge, Cantrell said.