Kelly Brainerd

Before they found meth in a Cody man’s garage this month, authorities say they’d covertly caught him selling the drug three separate times and had evidence he’d been involved in a large transaction the previous day.

Kelly Brainerd, 40, is facing a felony count of possessing methamphetamine with intent to deliver and two misdemeanor counts of possessing hallucinogenic mushrooms and THC edibles.

Following a preliminary hearing on Thursday, Circuit Court Judge Joey Darrah declined a request from the defense to lower Brainerd’s bond, leaving it at $15,000 cash.

“I always have a concern, especially with methamphetamines. And with what is going on with fentanyl and the overdoses and fentanyl being basically laced in these products, I consider this a big public safety issue,” Darrah said, adding that, “under the circumstances, I cannot justify modifying the bond.”

Brainerd posted the $15,000 on Friday and was released from jail.

The Wyoming Division of Criminal Investigation reportedly found 7 grams of meth, scales and small plastic baggies in Brainerd’s garage on Feb. 10. DCI Special Agent Eric Wright testified that his agency believes an acquaintance of Brainerd’s purchased the drugs on Feb. 9, in a “large” transaction that took place at the Gooseberry Creek rest area between Meeteetse and Thermopolis. Brainerd “bought what he was expecting was up to a half-ounce [14 grams] of methamphetamine for the $600 that he and another person paid another gentleman,” Wright said.

DCI arrived at Brainerd’s 36th Street residence the following day with a search warrant. As they searched the property, Brainerd told agents that “he received approximately 7 grams, the other individual took approximately 14 grams, and there was approximately 21 grams missing,” Wright testified.

Brainerd showed the agents where to find his 7 grams — in a 20-gallon garbage pail in his garage that was covered by a black trash bag, Wright said. The apparent meth was located next to a scale and some small plastic baggies.

For much of Thursday’s preliminary hearing, Brainerd’s defense attorney argued that, while authorities had evidence the Cody resident possessed meth, they hadn’t shown he intended to deliver the drug.

Attorney Tim Blatt argued the 7 grams was a quantity that one person could use in a few days; the scale could have simply been there to ensure Brainerd didn’t get ripped off during a purchase; and the fact that some of the empty plastic baggies contained meth residue indicates he’d been using the drug, not dealing.

But at the tail end of the hearing, Agent Wright offered some new information. He said DCI agents recently purchased meth from Brainerd on three separate occasions. Wright said the so-called controlled buys are the subject of a continuing investigation.

After hearing that allegation, Blatt effectively conceded that the Park County Attorney’s Office had provided probable cause and Darrah agreed, sending the case to district court. At a trial, the state must prove its case by a much higher standard, needing to demonstrate guilt beyond a reasonable doubt.

Blatt did ask the judge to lower Brainerd’s bond $10,000 cash or surety bond, as the defendant has been unable to post $15,000. The defense attorney noted Brainerd’s lifelong and deep ties to Park County and a “fairly clean” record, though he added, “there may be some other charges coming down, so this modification of bond may not mean a whole lot down the road if other charges are filed.”

Deputy Park County Attorney Jack Hatfield successfully argued for bond to remain at $15,000.

“This seems to be a criminal enterprise for Mr. Brainerd and obviously selling methamphetamine, it’s a serious danger to the community,” Hatfield said in part.

The argument proved to be moot the following day, when Brainerd posted the $15,000 and was released. He'll next face an arraignment in Park County District Court.

(This story has been updated, including to correct the date of the preliminary hearing.)