A judge has dismissed drug charges against a former Western Kentucky television meteorologist and her husband after ruling that evidence collected by state police was inadmissible.
Graves Circuit Judge Tim Stark dismissed the case Monday against Tyler and Victoria Smoyer, who had been charged with cultivating and possessing marijuana, according to the Mayfield Messenger.
The Smoyers’ attorney, Kevin Bishop, had filed a motion to suppress evidence collected at their house, saying troopers didn’t follow proper procedure to get a search warrant. The judge agreed and signed the order to suppress the evidence on Aug. 17.
After the ruling, prosecutor David Hargrove moved to dismiss the charges, saying he couldn’t prosecute without the evidence from the search.
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The Paducah WPSD-TV meteorologist and her husband were arrested in February, and she left the station shortly thereafter. The two, both in their 30s, were charged with cultivating five or more marijuana plants, firearm enhanced; possession of marijuana; and possession of drug paraphernalia. The cultivation charge was a felony, and the other charges were misdemeanors.
Police made the arrests after receiving an anonymous tip about an indoor growing operation on Ridgeland Drive in Mayfield.
Troopers said they went to the house for a “knock and talk” and were able to gain enough evidence to obtain a search warrant for the Smoyers’ house.
During their subsequent search, troopers found five marijuana plants, six long guns, two pistols, two silencers, eight storage boxes of ammunition, a tactical vest and multiple more items used to cultivate marijuana.
Troopers said two more marijuana plants were found in a trash can behind the house.
Bill Evans, the vice president of news and operations at WPSD, wrote a letter to viewers after Victoria Smoyer’s arrest, in which he said she was already planning to leave the station when she was arrested.