Pharos-Tribune

Local News

August 1, 2013

Kokomo business owner acquitted on drug charges

Judge declares a mistrial after Gary Elvers jury deadlocks on other counts.

(Continued)

Kokomo Detective James Nielson said in an affidavit that he attempted to purchase spice and bath salts during a March 19, 2012 undercover visit, but “learned” that the products had been taken off the shelves.

The same day, police executed a search warrant and found suspected banned products in a closet.

Tuesday, the jurors rendered verdicts on charges filed based on the 2011 undercover drug buys. Elvers still faces the charges stemming from the March 2012 search warrant raid.

Judge William Menges declared a mistrial on the two deadlocked charges, and set an Oct. 18 date to try both of those charges again, along with the other seven counts Elvers faces.

Based on the test results, prosecutors added six felony charges of dealing in a synthetic drug and one felony count of maintaining a common nuisance.

Howard County Prosecutor Mark McCann said Wednesday the state will continue to pursue charges against Elvers “because it’s illegal.”

“We fully intend to go forward with the prosecution of the two remaining counts, and to prosecute all of the charges in the separate case,” McCann said.

Elvers left messages with the Kokomo Tribune Wednesday calling the prosecution a “witch hunt” and asking when prosecutors would stop spending funds on “harassment.”

Prosecutors and police tried three times about a decade ago to bust Elvers for selling drug paraphernalia. The cases all ended in dismissals.

Scott Smith can be reached at 765-454-8569 or at scott.smith@kokomotribune.com.

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