Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls, on June 22, 2009, before U.S. District Judge Sam E. Haddon, JAMES ADAM BOYKEN DAVISON, a 30-year-old resident of Great Falls, appeared for sentencing. DAVISON was sentenced to a term of:

• Prison: 106 months, consecutive to a state sentence

• Special Assessment: $100

• Supervised Release: 6 years

DAVISON was sentenced in connection with his guilty plea to manufacturing methamphetamine within 1,000 feet of a university.

In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:

On March 23, 2007, a Great Falls Police officer responded to a residence in the 2300 block of 15th Avenue South in Great Falls. The officer had been advised by dispatch that earlier in the morning 911 received a call from an address in the 2400 block of 13th Avenue South that indicated the caller had heard a female screaming for help in the neighborhood. Officers had responded and found nothing unusual.

The new call was from the resident in the 2300 block of 15th Avenue South who said they called police after finding a bag lying near their house that had several syringes lying next to it. The officer found the bag lying near the southwest corner of the home near some shrubs and could seen a plastic bag of syringes on top of the black bag and several syringes lying around the bag that appeared to have fallen out of the plastic bag on top. He unzipped the center portion of the bag in an attempt to determine ownership and saw some clothing stuffed into the bag. He removed the clothing and saw plastic tubing, tinfoil, a hot plate and bottles filled with unknown liquids, which based on his training and experience appeared to be items used to manufacture methamphetamine.

A further search of the outer pockets on the bag revealed letters and other documents with DAVISON'S name and address which was listed as 1302 24th Street South #2. This address was about two blocks away from where the bag was found. This apartment is also within one thousand feet of the campus of the University of Great Falls.

A short time later, another person called 911 and reported there was a male hiding under a tree in their yard at 2308 13th Avenue South. This was approximately one block from DAVISON'S apartment and about two blocks from where officers were inspecting the bag and its contents. Officers went to that location and found DAVISON, who appeared to be under the influence of methamphetamine. They confirmed DAVISON'S identity and address and learned he was on probation.

Officers then proceeded to DAVISON'S apartment where they made contact with the DAVISON'S wife, who was holding the couple's eleven month old child. The wife also appeared under the influence of methamphetamine and complained that people in large wooden shoes were stomping around on the floor inside the apartment and had been doing so for hours. Cognizant of the earlier call related to a woman screaming for help, the officers asked if she wished for them to enter and check for these intruders and she said yes. The officers did a quick check of the residence and found no one wearing large wooden shoes, or anyone else for that matter. During this quick check of the residence, the officers saw several items in plain view that were consistent with a methamphetamine lab being operated in the apartment.

As both DAVISON and his wife were currently on probation, they were given field narcotics test to which they both tested positive for methamphetamine and other narcotics. Both were then placed in custody for violating the conditions of probation. On the way to the jail, DAVISON'S wife stated she had been screaming the previous evening because she was scared of the people in the wooden shoes, which fit the information given by the 911 caller.

A small amount of methamphetamine was found in the residence in a baby food jar. DAVISON was interviewed and admitted he intended to manufacture 3 grams with the materials he had on hand for personal use and that he had fallen back into being a "meth cook." DAVISON said he had been "cooking" methamphetamine in the apartment for several weeks, primarily for personal use.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that DAVISON will likely serve all of the time imposed by the court. In the federal system, DAVISON does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.

Special Assistant U.S. Attorney Kory Larsen prosecuted the case for the United States.

The investigation was a cooperative effort between the Great Falls Police Department and the U.S. Immigration and Customs Enforcement.

 

 

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