Kelly Brainerd

State agents say they covertly observed a “large methamphetamine transaction” this month and have made one arrest, but they’re keeping the details close to the vest amid an ongoing investigation. Speaking in Park County Circuit Court last week, a prosecutor indicated that even he didn’t know the specifics.

Agents with the Wyoming Division of Criminal Investigation arrested 40-year-old Kelly A. Brainerd Feb. 10 and a charging document alleges that Brainerd “facilitated” a significant meth transaction the previous day.

During an interview with DCI agents, Brainerd “denied any knowledge of direct sales of methamphetamine,” says an affidavit composed by DCI Special Agent Eric Wright. “However [Brainerd] indicated to Agents that he in fact facilitated a large methamphetamine transaction that occurred on Feb. 9, 2023.

“Agents were able to corroborate this with physical surveillance and other interview(s),” Wright added.

The affidavit does not elaborate on the transaction or Brainerd’s alleged involvement. His current charges — one felony count of possessing meth with intent to deliver and two misdemeanor drug possession charges — are not tied to the Feb. 9 transaction; they only relate to what was found at his Cody home during a Feb. 10 search.

At a court appearance on Feb. 13, Brainerd disputed making the statements attributed to him in the charging documents, saying many of the allegations are “not correct.”

“I didn’t admit to those things,” Brainerd said. “All I want to do is try to clear this up and move on with my life.”

For his part, Deputy Park County Attorney Jack Hatfield indicated that he didn’t know much about the case beyond what’s referenced in the affidavit.

When asked by the presiding magistrate whether Brainerd’s bond conditions should include an order to avoid contact with certain individuals, Hatfield said he wasn’t aware of any.

“I know there are other individuals involved here. I just don’t know who they are,” Hatfield said.

Even the narrative about the drugs allegedly found at Brainerd’s home is vague, never listing the specific quantities seized.

Wright’s affidavit says simply that agents found “over [3] grams” of apparent meth — the threshold for a felony charge — under a trash can in Brainerd’s garage. The document adds that multiple baggies with suspected meth residue, a set of digital scales and apparatuses for ingesting drugs were also located.

Meanwhile, “less than 3 ounces” — misdemeanor amounts — of hallucinogenic mushrooms and marijuana edibles were found in a safe, the affidavit says.

Brainerd reportedly helped the agents locate the alleged drugs and during his initial hearing, he said he’d been honest with them. Brainerd mentioned his compliance after Hatfield, the prosecutor, said his bond should be set at $25,000.

Hatfield noted the alleged meth found by agents was over the felony threshold, plus the allegation that Brainerd “facilitated a large methamphetamine delivery.”

“As such, the state believes that he is a danger to the community,” Hatfield said.

He also contended Brainerd could be a flight risk “given the extensive prison time that he’s facing.”

But Brainerd disputed that, saying he’s a lifelong resident of the area and has family here.

“Cody’s a community that I deeply care about. I don’t have a long [criminal] history for a reason,” he said.

A bond of $25,000 “is a lot, especially somebody that’s done a lot for this community,” Brainerd said, though “I realize it doesn’t appear that way just due to the stuff that happened.”

He also expressed concern about the impact of being incarcerated.

“It’s embarrassing and it’s tough and this is actually hurting my business tremendously,” Brainerd said.

Given his extensive ties to the community, Circuit Court Magistrate Brianne Phillips went below Hatfield’s recommendation and set Brainerd’s bond at $15,000 cash. She scheduled a preliminary hearing for today (Thursday).