The first of two trials for a Tombstone man indicted in 2021 on drug and weapons charges will begin June 6, a Cochise County judge has ordered.
Kevin Michael Bremer was formally indicted by a county grand jury in December 2021 on nine counts related to drug sales and possession of a weapon during those sales. Five other counts of the indictment allege he committed felony misconduct with a weapon by prohibited possessor.
But when Bremer’s trial takes place in early June the jurors will not be addressing the five prohibited possessor weapons charges. That is due to a court order obtained by Deputy Public Defender Cynthia Brubaker which requires Bremer, 54, be tried on those charges later.
Court records show Bremer came under investigation when an anonymous tipster told a sheriff’s deputy assigned to the Southeastern Arizona Border Regional Enforcement Team about drug activity in the Tombstone area. Bremer was one of several persons allegedly involved in the activity, the tipster claimed.
The detailed nature of the tip, including the fact Bremer’s had several surveillance cameras on his property, supplemented earlier suspicions by the Tombstone Marshal’s Office that Bremer was likely selling methamphetamine from his residence.
Bremer was taken into custody Dec. 14, 2021 when a court-authorized search of his property resulted in the seizure of the surveillance system, various electronic devices, methamphetamine, marijuana, and drug paraphernalia. He was late released from jail on a $5,000 secured bond to await trial.
Investigators also seized three shotguns, one right, and a loaded Walther PK380 handgun during the search. Bremer, as a convicted felon, has reportedly never had his firearms rights restored and thus is prohibited from possessing or owning any deadly weapons.
According to Brubaker’s argument, evidence of a defendant’s prior felony conviction is not typically made known to the jury. But for Deputy County Attorney Kristina Guerrero to prove the prohibited possessor charges she needs to present that evidence to jurors.
And that, Bremer’s attorney argued, would taint Bremer’s right to a fair trial on the other nine charges related to drug sales.
“There is no question that a defendant’s prior felony convictions are very powerful evidence the State uses to attack and destroy a defendant’s credibility,” Brubaker noted. “The admission of Mr. Bremer’s prior felony conviction would be prejudicial and irrelevant to the other charges and severance is necessary to promote a fair determination of Mr. Bremer’s guilt or innocence under Rule 13.4(a).”
Judge Joel Larson agreed, and ordered a separate jury trial be held on the prohibited possessor charges at a later date. Bremer will be back in Larson’s courtroom on March 6 for a pretrial conference.