LACONIA — A Belknap County grand jury had indicted two city men who were allegedly caught bringing 40 grams of heroin into the city in April.
Jeremiah Proulx, 38, formerly of 740 Union Ave., was indicted last week for one count of possession of marijuana with intent to distribute it, one count of possession of oxycodone, and one count of possession of more than five grams of heroin and fentanyl.
David Hobbs, 29, also formerly of 742 Union Ave., was indicted for one count of conspiracy for possession of a controlled drug, and three counts of possession of a controlled drug — two felony counts for dextroamphetamine and alprazolam and one misdemeanor charge for marijuana.
Proulx is being represented by the Belknap County Public Defenders Office, whose attorney Steve Mirkin filed a motion against his client's indictment, saying it didn't come within 90 days of being bound over to Superior Court from Circuit Court. He said his client had been held on $50,000 cash bail and was still incarcerated.
Belknap County Attorney Roni Karnis objected saying the time delay was because the Laconia Police "erroneously believed the (N.H.) Attorney General's Office was going to prosecute the defendant."
Judge James O'Neill ruled that because Proulx indictment was scheduled for three days after the 90 day deadline, he would allow it.
According to affidavits obtained from the 4th Circuit Court, Laconia Division, police learned from a confidential informant that Proulx and David Hobbs, 29, formerly of 742 Union Ave. were "traveling south later in the day to pick up heroin."
A city detective watched the Lakeport house and saw Proulx leave as a passenger in Hobbs' car. The detective followed the car down Route 106 to Belmont where they got gas.
A few hours later, the same detective saw Proulx and Hobbs heading north on Route 106 and Hobbs was still driving.
The detective notified other police units who were parked close to the Lakes Region Community College who stopped the car. A second detective said he allegedly noticed Proulx reaching down while he was seated in the passenger seat.
Affidavits said that both men were taken to the Laconia Police Station, detectives search the car and found four "fingers" (each finger, said a former drug detective equals about 10 grams) of heroin hidden in a fast-food restaurant bag. A receipt found in the bag indicated the food was fresh and dated and time stamped April 22, 2015, at 2:43 p.m. from the same fast-food restaurant in Londonderry.
During the subsequent separate interviews, affidavits stated Proulx allegedly admitted the heroin was his and said he was selling it to make money because he was unemployed and going through a divorce. He also allegedly told police that he had previously sold cocaine and that there was a significant amount of marijuana in his apartment.
Affidavits said a search of Proulx's apartment revealed a safe with $6,000 in cash, several bags of marijuana packaged for resale, several "bindles" or specific packages used for the resale of powdered drugs, a scales and several baggies with powdery residue.
At the time, Capt. Matt Canfield said police had been investigating Proulx for about two months and considered his arrest one of the more significant arrests so far this year.