Cops blunt man's attempt to get thrown in the joint

PALMER — Rocky Burns tried to get arrested Monday, but instead he got stoned.

Burns, a former butcher and real estate agent who co-owns marijuana delivery business Discreet Deliveries, showed up at the intake for Mat-Su Pretrial Detention facility about 3 p.m., and insisted that cops arrest him. Police there declined his request, saying that without a warrant they didn't want him.

Whether or not police wanted to arrest Burns, 38, of Wasilla, was something of an open question. A search for available court records in Burns’ name now includes seven counts of fourth-degree drugs misconduct (possession) and a single count of fifth-degree drugs misconduct (evidence of use), but it didn’t turn up an arrest warrant. Instead, court documents show Burns, an outspoken proponent of commercialization, had been issued a summons, effectively a letter setting a court date for him. The summons was sought through the Anchorage court, and was awaiting a judge’s signature Monday evening.

Burns was among a host of cannabis business owners against whom charges were filed Friday. Others included Charlene Egbe, owner of Alaska Cannabis Club, and Michael Crites, who owns Absolutely Chronic Delivery Company.

When he arrived at the Mat-Su jail, Burns went up and pushed a red button next to the window for the Mat-Su Pretrial window. The woman there directed him to a phone in the corner, where he called in to the Palmer Police Dispatch.

“Hi, I’m inside of the Mat-Su jail, and I need to be arrested,” he said into the receiver.

A short time later, Palmer Police Chief Lance Ketterling emerged. The police could not arrest him, Ketterling told Burns. From there, the conversation descended into parody pretty quickly.

“There’s no warrants for you in the computer right now, so I have nothing to remand you into jail for,” the chief said.

“Could you do it,” Burns said, pausing for effect. “Please?”

“No,” Ketterling said, tensely, and chuckled.

Burns continued to plead his case for arrest.

“I really want to get arrested,” he said at one point.

“I’m sorry,” Ketterling answered. “All I can say is we just checked the computer two moments ago and there’s no warrants for you, so that’s the only answer I’ve got.”

Anchorage Police raided Burns’ home and business in early August. On Friday, APD cars showed up outside the residence of his business partner (and ride home) Larry Stamper. It’s not the first time Burns has tried to hitch a ride in a patrol car over the issue.

“I’ve tried to turn myself in a bunch of times in the past,” he said.

His voice rang with frustration.

“Let’s get this started,” he said. “The minute I can get charged and I can get ‘em dropped, I can get my stuff back.”

Burns claims police have taken close to $250,000 in property from his house, including children’s tablets, $168,000 in cash (that’s a best-guess estimate based on the estimated amount kept behind a false wall, it could be more or less, Burns reckoned), and jugs of well water from inside his house (his septic system had stopped working shortly before the raid).

Local police can’t arrest people simply because they ask to be taken into custody, particularly if no warrant appears in the Alaska Public Safety Information Network, Ketterling said. Police officers can arrest people observed in commission of a crime.

“Generally — and I don’t know if Mr. Burns has a summons or not — a summons is generally a specific date for someone to go appear in court,” Ketterling said. “It’s not the same as a warrant. A warrant is an order from a judge that a police officer, if they come into contact with this person, can arrest that person and remand them to jail.”

Checks with APD and PPD turned up no active warrants, Ketterling said.

“It sounds like he wants to have his story told, and that’s his prerogative, certainly,” Ketterling said. “We’re not going to facilitate that by making an arrest without a warrant. That wouldn’t be good for anybody.”

Burns said Anchorage Police are acting outside their jurisdiction to seize his property, and have set up one-call sting operations on his drivers in Anchorage. He questions the legality of their actions outside of the Municipality of Anchorage, and said the campaign amounts to calculated harassment.

“They’re going to drag it out is what they’re going to do,” he said. “They don’t want to arrest me because then they’ll have to do something right away.”

CORRECTION: An earlier version of this story misstated the amount of property Burns estimated had been taken from his home.

Contact reporter Brian O’Connor at 352-2270, brian.oconnor@frontiersman.com, or on Twitter @reporterbriano.