INDIAN RIVER COUNTY — When burning a big trash pile behind your home, the smoke may attract attention.

Particularly if the big trash pile includes marijuana plants and leaves.

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Such appeared to be the case Feb. 28 for David Fredrick Ellis, 64, of Fellsmere.

Indian River County sheriff’s deputies went to his home on 85th Street after an “open burning” complaint, an affidavit states.

Investigators saw a smoldering pile about 5 to 6 feet in diameter and 2 to 3 feet high behind a corner of the home.

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Ellis said it was “just some leaves,” but a deputy smelled a strong burned marijuana odor. The deputy also saw the remains of small pot plants and leaves.

Told he was burning marijuana, Ellis said, “I was only burning the leaves, it’s trash.”

Ellis later said, “It’s trash, you don’t smoke that, I’ve got like a quarter pound of it inside.”

In the home, investigators found an aluminum tray with apparent marijuana and drug paraphernalia.

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Ellis asked whether the investigator saw his marijuana.

“I replied I saw some on the tray to which he replied, ‘I’ve got more in the refrigerator,’” an affidavit states.

In all, deputies reported finding more than 6 ounces of suspected pot, along with a much smaller amount of THC wax.

“Did you find all my pot?” Ellis asked.

Ellis was arrested on charges of possession of more than 20 grams of marijuana and possession of drug paraphernalia.

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