When officers arrived they met with the reporting party, fully identified in reports, who indicated the suspicious individual was at garage #7. The reporting party indicated the defendant had been carrying a black backpack. The suspicious individual was identified as AUSTIN RICHARD BERTHIAUME [DOB REDACTED], defendant herein. The defendant claimed he had permission from a resident of one of the apartments to be at the apartment complex. The defendant stated that he had been given permission by the resident, fully identified in reports, to keep his property in the garage and that he was organizing his belongings.
While speaking with the defendant the officer noted that the defendant displayed a hyperactive manner consistent with being under the influence of a controlled substance, including being unable to stand still and having difficulty focusing on the conversation. It was discovered the defendant had an active warrant for his arrest. The defendant was taken into custody pursuant to the warrant. The defendant provided a Mirandized statement in which he indicated he had recently purchased methamphetamine, had smoked some of it and had eaten some of it when he had run away from the reporting party.
The defendant's belongings were provided to law enforcement by the resident who owned the garage. Among the items located in the garage was a plastic container that held three baggies containing a white crystal substance. The substance field‐tested positive for the presence of methamphetamine. The substance was sent to the laboratory for analysis. The resulting report confirmed the substance in each baggie contained methamphetamine. The weight of the substance from each baggie was 26.063 grams +/‐ 0.004 grams, 18.533 grams +/‐ 0.004 grams and 5.973 grams +/‐ 0.004 grams.
A search warrant was obtained to collect DNA from the defendant. DNA was also subsequently collected from 3 other individuals with potential access to the garage. The DNA samples were sent to the laboratory for analysis. The laboratory took DNA swabs from the packaging containing the methamphetamine. The report indicated that for one of the three items analyzed the defendant was a possible contributor to the mixture of 4 individuals, and it was at least 410 million times more likely to have originated from the defendant and three unknown unrelated individuals than four unknown unrelated individuals.
Two of the other individuals with potential access to the garage were excluded as contributors. The third individual with potential access to the garage was included as a possible contributor. The report indicated that the second item analyzed was a mixture of three individuals and that the defendant was a possible contributor to the mixture. It was at least 56 million times more likely that it originated from the defendant and two unknown individuals than three unknown unrelated individuals. The other three individuals with potential access to the garage were excluded as contributors to the mixture.
