Affidavit: Man tries to swallow marijuana, fight officer to avoid arrest


A Mart man was arrested after he tried to avoid a patrol officer, tried to swallow a baggie of marijuana, fought the officer and ran into a home in an effort to avoid arrest Tuesday evening, an arrest affidavit states.

A Mart police officer saw Walter Howard Kirven Jr., 50, moving behind a silo on Enterprise Road at about 6:20 p.m. and believed Kirven was attempting to avoid detection, the affidavit states. The officer got out of his patrol car and ordered Kirven to stop, according to the affidavit.

Kirven stopped after initially declining to and told the officer he was not doing anything wrong and that he wanted to go home, the affidavit states. The officer asked Kirven if he had anything on him, and Kirven told the officer he had a bag of dog food.

“As he was putting back the dog food, I spotted a bag of marijuana tucked into his hand behind the dog food,” the officer wrote in the affidavit. “Once I spotted the marijuana, I informed Walter (I saw) the marijuana and (to) hand it over. Walter immediately took the marijuana and attempted to swallow it.”

The officer tried to stop Kirven from swallowing the marijuana, and Kirven started to fight with the officer, the affidavit states. The officer and Kirven struggled for several minutes, causing the officer’s body camera and radio to fall off, according to the affidavit.

The officer was not seriously hurt, but Kirven was able to flee. The officer saw him run through a field and into a house, and the officer followed, the affidavit states. Inside the house, the officer hit Kirven with a stun gun and took him into custody. He refused medical attention.

The marijuana was never recovered, the affidavit states.

Kirven was taken to McLennan County Jail on a second-degree felony charge of assault of a peace officer and two misdemeanor charges of resisting arrest and tampering with evidence. He remained in custody Wednesday afternoon with bond listed at $17,000.