A man who illegally carried firearms and was described in public records as being a “significant” drug dealer in Tombstone has had 13 of the 14 charges against him dismissed as part of a plea deal just weeks before he was to stand trial.
Kevin Michael Bremer was to face a jury next month in connection with an indictment filed in 2021 which alleged five counts of felony misconduct with a weapon by a prohibited possessor. He was also charged with nine felonies related to drug sales and possession of a weapon during those sales.
Bremer, 54, faced more than 20 years in prison if convicted of all counts. Instead, he is now guaranteed a three-year term of probation when sentenced May 22 after he pleaded guilty last month to one low level felony of possession of drug paraphernalia.
Public records show Bremer came under investigation in 2021 based on a purported tip received by a Cochise County Sheriff’s Office (CCSO) detective. The Tombstone Marshal’s Office (TMO) and CCSO worked the case, which included a CCSO deputy requesting a search warrant for Bremer’s residence.
The search warrant was approved by Justice of the Peace Janus Poppe based on a sworn affidavit and verbal comments made by the deputy. The comments were recorded by the judge and would later come under challenge by Deputy Public Defender Cynthia Brubaker, Bremer’s court-appointed attorney.
The search turned up five firearms in the residence. Bremer is a prohibited possessor of firearms based on a prior felony conviction. A forensic review of Bremer’s cellphone also revealed a photographic image taken inside the residence of a firearm next to a large amount of cash.
Investigators also seized methamphetamine, marijuana, and evidence which suggested Bremer was selling illegal drugs.
In February, Brubaker filed a motion to suppress the drug and firearm evidence, arguing the search was unlawful. Her arguments included a challenge to what the deputy told Poppe about statements purportedly obtained from two informants.
On April 21, Judge Joel Larson denied the motion to suppress. But his ruling was not received until after Brubaker and Deputy County Attorney Kristina Guerrero finalized a plea agreement on April 24.
The plea deal called for Bremer to plead guilty to a sole count of possession of drug paraphernalia, an undesignated Class 6 felony. Bremer can petition the court to have the conviction designated as a misdemeanor if he successfully completes probation.
All other counts are now dismissed and cannot be refiled.
Although Larson ruled a jury could have heard about the search warrant evidence, court records show Guerrero faced a messy time prosecuting the case if it went to trial.
First, Brubaker could have questioned the CCSO deputy under oath about his statements to the judge who issued the search warrant which led to the evidence. This would have included naming a purported “longtime, reliable” confidential informant used by CCSO and TMO.
Second, jurors would have learned that another purported informant filed a sworn affidavit with the court denying the comments attributed to him.
And third, Guerrero would have had to deal with the fact some police activities were not fully documented at the time in official reports.
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