Eureka man convicted of possessing magic mushrooms

A Eureka man was recently convicted of possessing psilocybin mushrooms.

Gunnar Lee Shelton, 20, was sentenced May 20 to a one-year suspended sentence by Lincoln County District Judge Matt Cuffe. He was credited with serving 12 days in the county jail. According to his attorney, public defender Ben Kolter, Shelton would have no problem paying $1,030 in restitution.

Shelton initially pleaded not guilty, but later changed his plea on March 25 to one count of possession of dangerous drugs.

The case began on May 31, 2023, when County Deputy Clint Heintz and Probation Officer Steve Watson conducted a probation check at Danny Luciano's residence on Airport Road in Eureka.

Heintz found Watson in the basement talking to Luciano's 12-year-old son, who was home alone. Watson and County Deputy Michael Avila found numerous containers of “Twisted Tea.” A search of the basement uncovered a plastic bag containing what Heintz believed to be psilocybin mushrooms. The bag was on a table with several pieces of marijuana paraphernalia, according to court documents.

The 12-year-old boy stated that he shared a room with Shelton, his brother, and that the items on the table belonged to the accused. Heintz said he knew Shelton from a recent drunken driving arrest in Eureka, where the young boy was in the back seat of the vehicle.

Heintz's search of an upstairs bedroom revealed a clear pipe with white residue inside a dresser. The officer also found women's clothing and a Social Security card for Luciano's girlfriend, Devin Chappel. A field test of the pipe indicated it contained methamphetamine, the charging document states. Heintz also reported finding a bag containing ammunition and firearm parts in Shelton's possessions.

Later that day, Heintz and Watson returned to the residence. Watson arrested Luciano for probation violation. Heintz asked Luciano about the mushrooms and he replied that they were not his. When the officer questioned Shelton, he said they belonged to him.

Heintz weighed the bag of mushrooms and it weighed six grams.