Daisetta Man Arrested after Suspicious Activity

DAISETTA, December 21, 2004 - On Tuesday, December 7th, at approximately 12:24 a.m., Officer Tim Moody of the Daisetta Police Department was dispatched to the residence of 38-year-old Kenneth Bernard Shirley, which is located at 302 Dakota Street in Daisetta, in reference to two juveniles who were allegedly attempting to steal Mr. Shirley's jet ski. Upon arrival, Officer Moody spoke with the complainant and Shirley advised that the unknown juveniles had first attempted to steal the fuel from the jet ski's fuel tank then tried to simply steal the jet ski. Shirley stated that he chased the alleged theives away but expressed a concern that they would return. Officer Moody found no evidence that anyone had been on scene, nor was their any evidence of the attempted theft, however the officer informed Shirley that he would keep the residence under close observation for the remainder of the shift.

Officer Moody parked his patrol unit approximately one block north of the residence to setup surveillance and some time later the officer observed the complainant standing in the street with a flashlight. Moody returned to the scene and was informed that now five actors had just attempted to steal the jet ski but they had already fled the scene. Moody had seen no one. Office Moody notified Chief Mike Parrish who met the officer at the scene and still no evidence of the alleged theft or actors could be located.

 

Parrish and Moody then moved to another location and set up surveillance in an unmarked vehicle. Shirley was seen walking around the residence and into the street on two additional occasions and each time, according to Shirley, the alleged thieves had returned. On this final contact with the complainant, Parrish and Moody detected the strong odor of what was believed to be marijuana on and about Shirley's person and the officers requested consent to search the residence. Shirley consented to the search of his residence verbally and by signing a consent-to-search form.

The search of Shirley's computer room revealed a black leather bag which contained a green leafy substance believed to be marijuana. The suspected marijuana was stored in four separate clear plastic bags. A wooden box, containing more suspected marijuana, was also located. Another small bag, containing a white rock-like substance believed to be cocaine, was also located in the room along with 4 Xanax bars and 14 Nortriptyline capsules. The officers observed a security camera in the living room transmitting images from the front of the residence in two different directions and also located a loaded Sterling .22 caliber semi-automatic pistol between the cushions of the sofa. In the kitchen, officers discovered a black dinner plate which contained a white powdery substance also believed to be cocaine. This suspected narcotic was formed into a line across the center of the plate in a manner that is commonly used to inhale the substance through a straw or tube. In this case, a rolled up sheet of paper was believed to have been used to inhale the drug.

The combined weight of the marijuana is believed to be approximately 320 grams (about 11 ounces) while the combined weight of the cocaine is believed to be approximately 5.5 grams. The suspected controlled substances were seized as evidence and later forwarded to the DPS Crime Lab in Houston for analysis.

Shirley's complaint of alleged theives attempting to steal the jet ski were listed as unfounded and he was subsequently arrested on a charge of Possession of a Controlled Substance (Cocaine), a 2nd degree felony, and Possession of Marijuana , a State Jail Felony. However, since the alleged offense was committed in a residence that is located within 1000 feet of the Hull-Daisetta High School, both charges have been enhanced making the cocaine possession a 1st degree felony and the marijuana possession a 3rd degree felony.

Charges are pending further investigation and DPS Crime Lab analysis for the possession of the xanax and the nortriptyline. These charges are expected to be enhanced as well when the investigation is concluded.

Shirley was arrested and transported to the Liberty County Jail where he was booked and released into the custody of the jail staff.

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