ROANOKE TIMES 
                      Copyright (c) 1997, Roanoke Times

DATE: Saturday, February 8, 1997             TAG: 9702100037
SECTION: CURRENT                  PAGE: NRV-1 EDITION: NEW RIVER VALLEY 
DATELINE: CHRISTIANSBURG
SOURCE: MARK CLOTHIER STAFF WRITER


STORE OWNER FOUND GUILTY OF DRUG CHARGES

The owner of an Elliston convenience store entered no-contest pleas to 10 drug charges Friday in Montgomery County Circuit Court.

Guy David McDaniel, owner of Elliston Food Mart on U.S. 11/460, was arrested in July by the Montgomery County Drug Task Force on nine counts of distribution of marijuana and one count of possession of marijuana with the intent to distribute.

A no-contest plea means McDaniel is not disputing the evidence against him, but is also not admitting guilt. After his pleas, Circuit Judge Ray Grubbs found McDaniel guilty of all charges and set a sentencing hearing for May 16.

McDaniel, 55, was indicted by the Montgomery County Circuit Court Grand Jury one day before his July arrest. Police said an informant bought marijuana - in amounts ranging from 1 pound to 1 ounce - from him during the previous eight months.

According to search warrants filed in Circuit Court, in May authorities seized marijuana and drug paraphernalia from McDaniel's home in the 200 block of Clay Street in Elliston, located near the store. Items seized included small plastic bags filled with marijuana, $6,160 in cash, a safe, triple-beam scales and a 1968 Chevrolet pickup truck.

Police said McDaniel accepted money for the marijuana at the store and later delivered the illegal drug at his home. The pickup truck was used as a pickup point on several occasions.

As part of the conviction, McDaniel has agreed to forfeit the $6,100 to the state, said Skip Schwab, the assistant Montgomery County commonwealth's attorney who prosecuted the case. But police and prosecutors agreed to return the pickup truck and decided against trying to seize the house, because it is so heavily liened.

McDaniel remains free on bail until the sentencing.

Staff writer Brian Kelley contributed to this report.


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