BISMARCK, N.D. (AP) - The evidence used to prosecute a former Burleigh County sheriff’s deputy for stealing and drug offenses was gathered legally, the North Dakota Supreme Court has ruled.
Kerry Komrosky, 32, was charged with theft of drugs he obtained while assigned to the Metro Area Narcotics Task Force, The Bismarck Tribune reported. Komrosky signed a conditional plea in October last year that allowed him to appeal a judge’s denial to suppress the evidence found in his home.
Investigators found 2.9 pounds of methamphetamine and 47 grams of cocaine in his Lincoln home in April 2018.
Komrosky’s supervisor had been concerned about his mental state and, when the deputy didn’t return to work after lunch one day, the supervisor went to his home, knocked and shouted, then went inside.
The Supreme Court ruled on Thursday that the supervisor had “a reasonable basis to believe that there was an ongoing emergency” before he entered the home. He discovered a broken light bulb that contained methamphetamine residue.
Komrosky was sentenced in January to 2 1/2 years in prison for felony theft of property and less than a year for two misdemeanor drug offenses. His attorney did not respond to a request for comment.
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