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Steven E. Moy
In LaconiaTuesday, 15 January 2008
Steven E. Moy, 20, whose last known address is 686 Union Ave. #1, was involved in a fight and went with another man to the Lakes Region General Hospital emergency room Friday morning.
When hospital personnel notified police and asked them check on Moy's welfare, Moy and the other man allegedly "became agitated" and left.
Officer Adam Marsh said he drove to Lakeport to check on Moy and saw him and the other man walking west along Union Avenue away from Lakeport Square. When Marsh stopped his cruiser next to them, he said Moy began running alone toward Fratello's Restaurant.
Marsh radioed for assistance and began chasing Moy, who he said was wearing a red hooded sweat shirt, blue jeans, a hat, and was carrying a black bag. After temporarily losing sight of him, Marsh saw him running through the rear parking lot of the Lake Village Apartments shedding his clothing and no longer carrying the black bag.
Marsh caught Moy on Mechanic Street and told him he was being detained. With the help of another officer, Moy was frisked for weapons and placed in the back seat of the cruiser.
Marsh said he noticed a black bag "similar to the bag I had seen Moy carrying" near a wooden fence off Clinton Street, and after getting permission from the home owner, took possession of the bag.
Although Moy did not consent to a search of the bag and denied it was his, Marsh said he opened it to check for anything "harmful or dangerous" and found a cell phone box in the front compartment that held "several clear bags containing white powder and a chunky reddish matter" that he believed to be cocaine.
He stopped looking through the rest of the bag until he got a search warrant. Police allegedly found "a clear plastic bag containing two small chunks of cocaine and a larger piece of cocaine" weighing 69 grams; two 80 milligram tablets of OxyContin, a narcotic painkiller, a Ruger p95 9-mm handgun; a set of brass knuckles, two pocket scales covered in white powdery residue; and a pill crusher.
Moy was held on $75,000 cash bail over the weekend and charged with one felony count of possession of a narcotic drug; one felony count of possession of a narcotic drug with intent to distribute; one Class A misdemeanor count of possession of a weapon; and one Class A misdemeanor count of unlawfully possessing a loaded handgun.
In his request for cash bail, Prosecutor James Sawyer described Moy as a danger to the community because of the loaded handgun; has three prior convictions for driving under the influence, hindering apprehension, and weapons violations. In addition he was indicted in August for possession of a narcotic drug with intent to distribute and for resisting arrest.
In that arrest, police apprehended Moy on June 4, 2007 after he allegedly sped by them while they were monitoring traffic from Fratello's parking lot.
An affidavit alleges Laconia Officer Ernest Blanchette saw Moy and a woman drive to a dark portion of the parking lot of the Opechee Inn and walk into the wooded area near the railroad tracks.
Blanchette said when they came out of the woods he followed them and when they turned down Union Ave the woman allegedly turned around and asked, "Who ... are you
He said as the two continued to walk he saw what "appeared to be a quick exchange between the two of them or an attempt to exchange something back and forth."
Blanchette said Moy had a bulge in one of his front pockets and when he put his hands in them, Blanchette said he recognized Moy and told him to remove his hands from his pockets.
Moy allegedly took some car keys from his pocket and told Blanchette the keys were what the two exchanged. In the affidavit, Blanchette said he had previously arrested Moy for possession of brass knuckles — a charge for which he was later convicted — and feared he was again carrying some kind of weapon.
Blanchette put Moy's hands behind his back and told him he was going to check him for weapons. When Blanchette began to search him, Moy allegedly yelled, "I didn't tell you, you could search me" and began to pull away.
When Moy began to run, a second police officer brought him down and Moy began resisting until he was finally subdued with pepper spray and handcuffs.
Moy was placed under arrest and charged with resisting arrest. Police searched him and allegedly found a large sum of cash, a cell phone, and six individual baggies of a white substance Blanchette believed to be cocaine.
Moy was indicted on Aug. 6 and, although his attorney has filed a motion to suppress the evidence claiming the police did not have sufficient cause to detain and search him, the court is scheduled to hold a hearing on that motion on Feb. 1.
In Monday's hearing, Judge David O. Huot reduced bail to $50,000 cash or surety and ruled that if Moy posts bail, a hearing must be held to determine the source of the money.
Moy is scheduled for a probable cause hearing on Jan. 28 in Laconia District Court.
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