On Tuesday May 27 at approximately 11:35 P.M. an officer with the Marshall County Police Department initiated a traffic stop on a vehicle on US 31 near the intersection of US 6. The officer believed the driver, 52 year old Marshall G. Smith Sr. of Mishawaka, was under the influence of controlled substance. Field Sobriety Tests were conducted and the driver was detained for a certified test. The passenger in the vehicle, 28 year old Marshall G Smith Jr. of South Bend, was found to be in possession of what is believed to be synthetic marijuana.
Both subjects were detained and during impound procedures, over 3 grams of a substance believed to be methamphetamine were located. The substance was packaged in a way consistent with distribution. Both subjects were arrested and transported to the Marshall County Jail.
Marshall Smith Sr. was charge with Operating a Vehicle While Intoxicated Endangering a Person, Operating a Vehicle While Intoxicated Controlled Substance, Dealing Methamphetamine, and Possession of Methamphetamine.
Marshall Smith Jr. was charged with Possession of Marijuana with a prior charge, Dealing Methamphetamine, and Possession of Methamphetamine. A probable cause affidavit was signed May 28 and bond was set at $20,000 cash for each man. Formal charges are pending with the Marshall County Prosecutors Office.
Readers are reminded that charging information supported by an affidavit of probable cause is merely an allegation that a crime has been committed and that there is only probable cause to believe a crime has been committed. They are presumed innocent throughout the proceedings and are entitled to be represented by counsel and entitled to a trial by jury at which the State is obligated to provide proof beyond a reasonable doubt before a judgment of guilt may be made.