Three get five years probation on drug charges
Published 7:04 am Friday, December 11, 2009
Three men charged with felony methamphetamine possession stemming from an April search were all sentenced to five years probation Thursday in Mower County court.
David William Ohm, 35, Sythat Jay Pomysda, 37, and Kevin Bouulid Sithavongsa, 22, will also be subject to random drug testing and community service for their crimes. Ohm and Sithavongsa will each pay a fine of more than $500 as well.
The search, conducted by Austin police, the Mower County Sheriff’s Department and the Southeast Minnesota Narcotics Taskforce, was done on April 29.
Pomysda, Sithavongsa and a fourth man, Phouminh Kullavongsa, 29, were all arrested at the 1211 10th Avenue SW residence.
Ohm, the listed owner of the home, was at work at the time and was arrested later in the day.
The search turned up drug paraphernalia and torn plastic baggies lying about the residence. Bags found in a waste basket in the kitchen tested positive for methamphetamine. Police found white crystals and a spoon containing residue that tested positive for meth in Kullavongsa’s room as well.
A loaded Ruger 9mm handgun was also found under a couch with a spare, empty clip found on a shelf. All four denied knowledge or ownership of the weapon, though Ohm told police later that he thought the gun belonged to either Kullavongsa or Pomysda. Police later determined that the gun had been reported stolen from Biloxi, Miss., in 2000.
Cell phones recovered at the residence belonging to Sithavongsa, Pomysda and Kullavongsa had narcotics-related text messages on them, and Sithavongsa and Pomysda both had pictures of handguns.
According to records, Sithavongsa admitted to living at the home while Kullavongsa claimed to just be visiting. Pomysda claimed to be homeless, moving between Austin and Rochester.
Sithavongsa denied involvement with meth and claimed only to use marijuana, but admitted that he was aware of both drug sales and use at the home. Both Kullavongsa and Ohm admitted to using meth the week before, but Ohm denied sales.
Kullavongsa told police that a pipe found in the waste basket he had been standing next to was handed to him by an unknown person who left the scene before the warrant was executed.
Pomysda admitted to police that he was a former meth user with his last time coming about five months prior. However, during later questioning, Pomysda changed his story a few times, claiming he used meth two weeks prior and then the night before, saying he used with Kullavongsa and another unidentified man.
Kullavongsa was sentenced in August for his involvement in the case.