Docs say police saw dried mushrooms in car

Updated: February 14, 2007, 1:01 PM ET
Associated Press

SPOKANE, Wash. -- The police officers who arrested Gonzaga basketball players Josh Heytvelt and Theo Davis smelled marijuana and spotted a bag of dried mushrooms in the back seat of a vehicle Heytvelt was driving, according to court documents.

The Chevy Trailblazer was stopped shortly before midnight last Friday because the tail lights were not on, said a probable cause statement signed by Cheney police Officer D. Bailey and filed in Spokane County Superior Court.

Two Cheney police officers could smell a strong odor of burnt marijuana coming from Davis, the passenger, the document said.

The baggie of dried mushrooms was protruding from the top of a gym bag that had Heytvelt's name and jersey number embroidered on the front, the court papers said.

Also in the bag were "three foil-wrapped brownie muffins" that the officer contended contained hallucinogenic mushrooms.

The items have been sent to the state crime lab for analysis.

The players have both been suspended from the team indefinitely. Heytvelt has been Gonzaga's second-leading scorer and top rebounder this season. Davis is a freshman who has not played because of injuries.

Heytvelt, 20, is from Clarkston. Davis, 21, is from Brampton, Ontario.

The officers who saw the bag of dried mushrooms with caps and stems recognized them as a controlled substance, according to the court papers.

Officers searched Davis and found a burnt marijuana joint inside a coat pocket.

"He stated he had been at a party earlier in the evening in which he had `taken a hit off of a bong,'" the documents said.

Heytvelt and Davis were both arrested early Saturday morning in nearby Cheney by officers for the city and Eastern Washington University. They were booked into the Spokane County Jail for investigation of possession of a controlled substance and released a few hours later.

Spokane County Deputy Prosecutor John Grasso said Wednesday that law enforcement officers had not yet referred the case to his office for charges to be considered. The main reason is the seized materials must still be analyzed by the crime lab, he said.

After they receive the case, prosecutors will decide how to proceed, he said.

"This is way more important to you guys than it is to us," Grasso said. "To me, it's just another case."

If the dried mushrooms turn out to be an illegal psychedelic variety, that would result in felony charges, Grasso said.

The alleged burnt marijuana joint that was seized will likely weigh less than 40 grams and possession would be a misdemeanor, Grasso said. Dennis Thompson, a lawyer for the players, did not return a telephone message seeking comment Tuesday.

Copyright 2007 by The Associated Press