Hearing held for man accused of smuggling tobacco into Cape Girardeau County Jail

Associate Circuit Judge Scott E. Thomsen found probable cause Tuesday in the case of a Jackson man accused of smuggling.

Brian Ebner, 40, allegedly smuggled chewing tobacco into the Cape Girardeau County Jail.

Under Missouri law, the crime Ebner is charged with is a felony.

Before calling witnesses at Ebner's preliminary hearing Tuesday, Cape Girardeau County Prosecuting Attorney Morley Swingle provided Thomsen with a copy of the state statute.

Cape Girardeau County corrections officer Justin Bromley testified he booked Ebner into the facility Aug. 30. Ebner was serving a 10-day sentence for second-degree property damage.

Bromley said everyone booked into the facility is strip-searched in a secure exam room. Bromley said that when he asked Ebner to remove his socks, he initially refused. When Ebner did eventually remove his socks, Bromley said, he asked Ebner to turn them inside out.

"A brown leafy substance fell onto the floor and clung to his socks," Bromley said.

Bromley said Ebner claimed it was mulch or grass from when he mowed the lawn before checking into jail.

"When I detected a wintergreen scent I realized it was probably dip of some sort," he said.

Ebner was questioned about the substance again and he claimed he often forgets to remove the container of chewing tobacco from his clothing when he does his laundry.

Jason Tilley, Ebner's attorney, questioned Bromley on whether the substance came from both socks. Bromley said he didn't remember and there's no way of figuring it out at this point in the case.

JoAnna Sides with the Missouri State Highway Patrol Troop E crime laboratory testified she found the brown leafy substance contained nicotine.

Ebner's case will now be heard Feb. 8 before Circuit Court Judge Benjamin

Lewis.

ehevern@semissourian.com

388-3635