SPOKANE, Wash. - The documents showing probable cause for the arrest of Josh Heytvelt and Theo Davis were made public on Monday afternoon, and KHQ Local News obtained copies.
The papers contain the statement made by an officer D. Bailey with the Cheney Police Department. He was the officer who arrested the Gonzaga basketball players at 11:42 Friday night at Simpson Parkway and 1 st Street in Cheney. Bailey said he pulled over the vehicle, driven by Heytvelt, because it didn't have its taillights on.
Bailey requested backup, at which time EWU police officer McMurtrey showed up, looked towards the back of the vehicle and saw a plastic bag in "plain view which was inside the rear cargo area". McMurtrey alerted Bailey to the discovery, who determined the baggie contained illegal mushrooms.
While questioning Heytvelt and Davis, the officers said they smelled burned marijuana. Upon searching Davis, the officers found a "burnt, rolled marijuana joint in the upper inside left coat pocket". Davis then allegedly said that he had "taken a hit off of a bong" at a party earlier in the evening.
According to the document, officers found the bag of mushrooms in plain sight in a "Basketball Hall of Fame Challenge" backpack. That backpack was sitting next to "2006 Battle in Seattle" backpack with Heytvelt's name and jersey number embroidered on the front. Officers also said they found "three foil-wrapped brownie muffins that contained hallucinogenic mushrooms" in the backpack.
The documents say Heytvelt and Davis were booked into the Spokane County Jail at 1:20 a.m. Saturday for Possession of a Controlled Substance.