Atkins charged with drug possession after domestic quarrel


A local man faces drug abuse charges after multiple law enforcement officials responded to a jam call in August at a trailer park in the Libby area.

Prosecutors accused Randall Patrick Atkins, 34, of criminal possession of dangerous drugs and drug paraphernalia in two cases of criminal possession of drug paraphernalia after his arrest on August 27. He pleaded not guilty on all three charges in Lincoln County District Court on Sept. 27.

In an affidavit, Deputy James Derryberry said he went to the crime scene after Deputy Derek Breiland accepted an offer of help around 6:55 p.m.

Upon arrival, Derryberry learned that Atkins had allegedly admitted to recently using methamphetamine with his uncle. Atkins was staying with the 61-year-old at the time, according to court files. Atkins agreed to a search of his room and Breiland was about to ask his uncle’s permission as well.

While Breiland began searching Atkins’ room, Derryberry stayed with the older man in the kitchen. The 61-year-old allegedly told Derryberry that he saw Atkins use a pipe to smoke a few days earlier. He also suspected that Atkins was giving methamphetamine to his dog after the animal had been walking in circles in another room for about seven hours.

The uncle told Derryberry that he didn’t know where Atkins kept his drugs. But he suspected it was a different substance than marijuana “because he personally used marijuana and it didn’t keep you up at 90 mph for three days in a row,” court documents say.

The older man denied using drugs with Atkins, telling Derryberry that he had been off drugs for several years.

Derryberry noticed an upside-down frisbee on the table full of odds and ends. In the affidavit, Derryberry reported that he had discovered a pack of cigarettes, a prescription bottle called Atkins, a lighter and a small glass tube, among other things. According to the affidavit, he suspected that the glass tube was a broken pipe.

Atkins uncle told him that the contents of the frisbee belonged to his nephew, court documents say.

Derryberry brought the tube out of the house to interview Atkins, who admitted he usually dumped his pockets in the frisbee, but told the deputy he was out all day. When Derryberry held up the tube, Atkins denied knowing anything about it.

Atkins agreed to have Libby Police Officer Ian Smith search him. The search found nothing illegal, Derryberry wrote, mentioning that Atkins had recently admitted to taking methamphetamine.

Atkins allegedly confirmed the story, telling Derryberry that he smoked it with his uncle. The methamphetamine showed up while Atkins was working on his van, according to court documents.

Noting the open wounds on Atkins’ face and arms, Derryberry wrote that it was a symptom of methamphetamine use. However, Atkins said he had a fungus and that the prescription bottle in the house contained anti-fungal medication, according to court documents.

A subsequent field test of the tube was positive for methamphetamine, court documents say.

When the lawyers asked to search Atkins’ delivery truck, it got uncomfortable, Derryberry wrote.

“[Atkins]who was very cooperative and agreed to search his apartment and himself suddenly became uncooperative, ”says Derryberry. “His voice in particular went up a few octaves and [he] said, ‘No, I don’t want him to search my shit.’ ”Atkins declined to allow the van to be searched, court documents say. When Breiland told him the van was being confiscated and a K9 unit was being brought to the vehicle, Atkins started walking, Derryberry recalled. He grabbed Atkins’ jumpsuit in the back and tied him up for criminal possession of drug paraphernalia.

While Atkins was walking to the Lincoln County Detention Center with Smith, Derryberry was taking photos of the area around the van. He found three aluminum foils on the floor next to the passenger side, as well as a crinkled glass tube that later tested positive for methamphetamine, court documents say.

A K9 unit arrived at around 7:55 p.m. The dog was made aware of the smell of narcotics on the seam of the driver’s door and passenger door, court documents say.

Investigators searched the seized vehicle on September 1st. Together with Detective Brandon Holzer of the Lincoln County Sheriff’s Office and again from Smith, Derryberry found a bag containing a “white crystallized substance,” according to court documents. They also found four burnt glass pipes that tested positive for methamphetamine.

The authorities confiscated a black flag with the Nazis’ SS logo and a picture of a skull. Derryberry wrote in the affidavit that the symbols are associated with hate groups of white supremacy.

Criminal possession of dangerous drugs can result in up to five years in state prison and a fine of US $ 5,000. The two wrongdoing charges include a maximum six months in the county jail and a fine of $ 500.

Atkins is due for an omnibus hearing on December 6th, with a pre-trial conference on January 10th. Should the case go to court, it would begin in February.


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