Fillmore County District Court

On August 28, Cody Mycal Garness, 28, of Canton, appeared before District Court Judge Carol M. Hanks.  Among other charges, Garness is charged with Fifth Degree Drug Possession (Schedule 1,2,3,4 – Not Small Amount Marijuana), a felony with a maximum criminal sentence of five years in prison, a $10,000 fine, or both.  On or about August 26, within Fillmore County, a deputy was dispatched to Preston for a domestic disturbance.  Evidence (including an eye witness testimony) allegedly pointed to the defendant having thrown drugs and drug paraphernalia down a storm drain.  Among those things discovered in the drain was a pipe, consistent with what is used to smoke methamphetamine, and a baggie with a crystalline substance, which later tested presumptive positive for (1.2 grams) methamphetamine.  Upon searching the defendant’s car, a can of butane, a butane torch, and a small digital scale with a white powdery residue were also allegedly discovered.