After looking over the Minnesota Statutes I have a couple of questions about Chapter 152 under which Nick was charged.
First, would the gun Nick kept under the bed in his bedroom satisfy the requirement of
"the person or an accomplice possess[ing] on their person or within immediate reach" found at 152.021.2(2)(i), 152.022.2(2)(i) etc.? If so:
1. Could the charges be upgraded to first degree possession (as it would lower the threshold from 50g to 25g)?
2. Even if the cocaine weighs less than 25g when the packaging is removed, could the second degree charge stand (as the threshold would be lowered to 10g)?
Second, how likely are additional charges for sale of drugs? The statute defines "sale" broadly so as to include
giving drugs away (152.01.15a):
April's alleged DM posted by Ralph seems to me to insinuate that she had been given drugs, presumably by Nick and Kayla.
I was surprised that they dropped the charge against her so easily because her testimony doesn't seem necessary to establish Nick and Kayla's possession. Could it be because they want her to testify that they had shared the drugs with her to make charges for sale viable? It would be a pretty big stick for the State to use against Nick and Kayla to prevent them from taking things to trial, right? Plea guilty to the possession or we bring a charge for sale too?
I'm pretty sure Aaron has said they shared drugs with him, too. Unless I'm completely wrong and retarded, the State could put together a pretty good case for sale--testimony from the man they cucked, the unfaithful ex-wife who left that man, a range of paraphernalia often used in selling drugs (scales etc.) and of course exactly 0.00002667 metric fucktonnes of cocaine.