Potter waives right to preliminary hearing

By KATHY NUSSBERGER

Managing Editor

On Thursday, Jan. 4, Mark Allen Potter, 41, waived his right to a preliminary hearing on one felony and three misdemeanor charges in Magistrate Court.

Magistrate Judge Justin Julian upheld the $50,000 bond set for Potter's release from jail and set the District Court arraignment for Feb. 6, 2006 at 9 a.m., in Boundary County.

Julian also ordered that the misdemeanor charges be consolidated with the felony charge for District Court. No stipulations were made by either the defense attorney, Angela Marshall or the Boundary County Prosecutor Jack Douglas.

Prior to accepting Potter's waiver of his right to a preliminary hearing, Julian explained that by waiving his rights, Potter would effectively be admitting that the charges outlined in the complaint were valid for arraignment in District Court.

The charges stem from Potter's arrest on Dec. 21, 2006, when he was arrested on Highway 95 and Madison in Bonners Ferry for the felony charge of possession of a controlled substance, methamphetamine with the intent to deliver and three misdemeanor charges which included possession of drug paraphernalia, misdemeanor driving without privileges and operating a motor vehicle under the influence of alcohol, drugs or intoxicating substance.

On the paraphernalia charge Bonners Ferry Police found digital scales, and a variety of items used to store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body.