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HAMILTON - Under the state's Medical Marijuana Act, Tracy Moser was allowed to process up to 1 3/4 pounds of marijuana for medical use.

When law enforcement searched his business and residence after his arrest earlier this month for allegedly beating a man he thought had stolen from his medical marijuana dispensary business, they found 9 pounds of the dried drug,

5.2 pounds of marijuana-laced assorted candies, baked goods, tinctures, lotions and concentrated capsules and more than $48,000 in cash, according to court records filed Tuesday.

Moser is one of four Ravalli County men charged with beating Beau Miller on May 4. The men allegedly thought Miller had broken into the John Stone Foundation medical marijuana dispensary in Stevensville.

All four and the alleged victim are set to appear in district court on Wednesday.

Ravalli County Attorney George Corn filed an affidavit this week that outlined the county's case, which began after a Ravalli County deputy was dispatched to the South Burnt Fork Road in Stevensville after a resident called to say a man bleeding from a head wound had shown up at his home.

The resident reported seeing three vehicles slowly drive by his home as if they were looking for someone shortly thereafter.

Apparently apprehensive about the amount of blood pouring off his head, Miller asked the officer if he'd been shot. The officer said no.

In a subsequent interview, Miller allegedly admitted he had been selling marijuana he received from a man named Jesse Shoup since he'd arrived in Ravalli County two months ago.

Shoup lives in Victor. He is a disabled veteran who served two years in Iraq.

The affidavit said Moser had discovered that Shoup and Miller had been somehow involved in the burglary of his shop, which he didn't report to law enforcement.

Moser was able to contact Shoup. He demanded the return of his property.

Shoup told investigators he met Moser in the parking lot of the Super One in Stevensville. Shoup said he picked the spot because it was public. He also brought a female friend along as a witness.

Shoup said Moser was acting aggressively. He said Moser told him, "You will make sure that I get the rest of my stuff, or you'll be laying up in the mountains where you belong."

Kory Gassmann and Jason Weis accompanied Moser.

At some point, the affidavit said Shoup agreed to lure Miller into his car and drive him to a remote spot the next day, May 4. He was told to check to see if Miller was armed.

Shoup picked up Miller from the Apple Blossom Trailer Court in Stevensville and drove to South Burnt Fork Road. During the ride, Miller became apprehensive that he was being set up and Shoup saw that Miller had a pistol concealed in his waistband.

He told the men following behind in their own vehicles just that in a text message.

Within a "moment or two," Shoup said Weis' vehicle "flew by" and blocked the road. The affidavit said all three got out of their vehicles and started toward Shoup's car. Shoup told officers that Weis and Gassmann were allegedly carrying clubs that looked like axe handles.

All five men said the attack and fight occurred in the front seat of Shoup's vehicle.

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Miller said his door was opened by Weis and Gassmann who attacked him as he tried to pull out his pistol. Shoup grabbed him from his left and someone behind Shoup started striking him, Miller told officers.

Someone grabbed his pistol hand, but Miller said he was able to get his finger on the trigger and the pistol fired several times during the fight.

Weis told officers that he cut his hand badly in his attempt to wrest the gun from Miller. He denied having any weapon in his hand when he approached the vehicle.

Moser said he struck Miller several times with his hands. He allegedly told a witness after the attack that he saw Gassmann hit Miller four times with an axe handle.

Miller escaped after falling from the vehicle.

It took 15 staples to close one of the two large lacerations on his head.

A search of Weis' truck found a black bank bag under the passenger's seat containing $19,550 in cash, a grinder used for grinding marijuana leaves, four baggies of dried marijuana and a .22 caliber pistol, the affidavit said.

Moser's vehicle contained a baggie with marijuana buds and a .25 caliber semi-automatic handgun.

Bond for the four men involved in the attack was set at $200,000 earlier in justice court. Miller's bond was set $30,000.



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