August 07, 2013 | 02:46 PMTwo men face criminal charges after police allegedly found a large amount of candy that contained marijuana and two firearms at the Geneva Towers in downtown Lake Geneva.
David A. Wood, 46, Denver, faces a felony charge of possession of marijuana with intent to deliver, in or near a park. If convicted of that charge, Wood faces up to 15 years imprisonment and $25,000 in fines.
He also faces a misdemeanor charge of possession of marijuana.
James P. Kelly, 42, 880 S. Lakeshore Dr., Lake Geneva, faces felony charges of possession of marijuana with intent to deliver, in or near a park and possession of a firearm contrary to an injunction.
If convicted of both counts, Kelly faces up to 25 years imprisonment and $50,000 in fines. He also faces a misdemeanor charge of possession of marijuana. Kelly was scheduled to appear in court Jan. 12, but didn't, according to online court records. A warrant has been filed for his arrest.
The charges against Kelly were filed, but a criminal complaint hasn't been issued. Wood's attorney filed a motion to dismiss the criminal complaint and is scheduled for a hearing July 23. Wood is free from custody after posting a $5,000 cash bond.
According to the criminal complaint filed against Wood:
On June 28, police were dispatched to the Geneva Towers after receiving a report that one of the units smelled like marijuana. No one answered the door at the unit.
The officer went outside and saw Kelly, who the officer recognized from prior police contacts. The officer approached Kelly, who smelled of marijuana.
Kelly told the officer he had smoked marijuana inside of the Geneva Towers.
Kelly was carrying a backpack, which was searched. Inside of the bag, police found a digital scale, marijuana and a handgun with a fully-loaded magazine.
After arresting Kelly, officers executed a search warrant on the Geneva Towers apartment that smelled like marijuana. Wood was inside of the unit. Inside of Wood's pants pocket, police found marijuana. Inside of the unit police located the following items:
n A paper bag containing 30 Evolab glass containers of 1,000 mg THC oil weighing 6.06 ounces. THC oil is taken from marijuana, and is used to prepare food or candies that contains THC, the active ingredient in marijuana.
n Two additional individual Evolab glass containers of 1,000 mg THC oil.
n A paper bag containing 32 individually wrapped 10 percent THC Cheeba Chew candies weighing 12.45 ounces.
n A paper bag containing 35 100 mg THC Blue Kuda chocolates weighing 20.2 ounces. The Cheeba Chews and Blue Kuda tested positive for THC.
The two items are prepared to contain marijuana. A backpack that was labeled "James Kelly" was found inside of a utility room in the unit.
Inside of that backpack police found, a scale, marijuana and two 9mm handguns. The unit is located 1,000 feet from Flat Iron Park.