A raid on a Spanish Fork home Monday has resulted in several drug and weapons charges for two individuals living at that residence including one who is a restricted person.
The drug house
A home in a quiet neighborhood in Spanish Fork, Utah was raided days after one of the home’s residents was picked up on drug charges. During the raid, law enforcement officers located drugs, guns, ammo, and cash from what appears to be a drug distribution business run out of that home. Found were distributable amounts of heroin, meth, marijuana dab, and cocaine on the premises. Additionally, several weapons along with thousands of rounds of ammo were also located as well as over three grand in cash.
Drug possession and distribution
24 year old Jennifer Lynn Coplen was arrested with possession and producing a controlled substance as well as intent to distribute. Coplen is not facing any charges for the weapons found at the home. The other individual living at the home was 28 year old Rolf Michael Pawelek. Like Coplen, Pawelek was also charged with possession and intent to distribute. Pawelek however, was also listed as a Category II restricted person and as such will be facing charges for the weapons found at the residence.
Possession of a dangerous weapon by a restricted person
Utah Code 76-10-503 explains that certain individuals are prohibited from possessing a dangerous weapon. Someone listed as a “Category I restricted person is a person who:
(i) Has been convicted of any violent felony . . . ;
(ii) Is on probation or parole for any felony;
(iii) Is on parole from a secure facility . . . ;
(iv) Within the last 10 years [was charges as a minor with something that would be a violent felony as an adult] . . . ;
(v) Is an alien who is illegally or unlawfully in the United States; or
(vi) Is on probation for a conviction of possessing [controlled substances or synthetic equivalents]”.
A Category II restricted person includes those “who:
(i) Has been convicted of any felony;
(ii) Within the last seven years [was charges as a minor for something that would have been a felony as an adult];
(iii) Is an unlawful user of a controlled substance . . . ;
(iv) Is in possession of a dangerous weapon and is knowingly and intentionally in unlawful possession of a Schedule I or II controlled substance;
(v) Has been found not guilty by reason of insanity . . .;
(vi) Has been adjudicated as mentally defective . . . ;
(vii) Has been dishonorably discharged from the armed forces;
(viii) Has renounced the individual’s citizenship after having been a citizen . . . ;
(ix) Is a respondent or defendant to a protective order . . . ;
(x) Has been convicted of the commission or attempted commission of [domestic violence] assault. . .”
Sole owner of weapons or previous criminal history
The reason for the restricted person status for Pawelek was not listed, however based on the arrest information, it could be simply having guns and schedule I or II drugs at the same time (as listed in subsection IV). If that were the case, it is not clear why Coplen would not also be facing the same restricted person charges unless the weapons were found in a room personally used by Pawelek only. Both residents of the home are facing multiple felony charges for the drug charges and Pawelek is also facing a third degree felony for each weapon found in the home. For more information on what constitutes a violation by a restricted person or for legal help regarding criminal charges, contact an experienced defense attorney.