Cat, Baby Test Positive for Meth in Separate Oklahoma Drug Cases
Like many states, Oklahoma has a significant meth problem. Nationally, meth lab seizures have increased 577% since 1995, and the DEA reports that the "drug of choice" in Oklahoma is methamphetamine. Last year, a Tulsa reporter claimed that police across the nation have dubbed Tulsa "The Meth Capital of the U.S." Oklahoma drug lawyers understand the toll meth use and abuse can have on everyone involved, including not only the meth manufacturers, dealers, and addicts, but also the innocent victims of this incipient drug: from taxpayers, law enforcement agencies, and fire departments to neighbors of meth houses and children and animals who live under dangerous conditions surrounded by meth labs.
In separate incidents recently, both a cat and an infant tested positive for meth near Tulsa. The cat was found at a Catoosa home that was raided in a drug bust on April 15. The raid revealed multiple one-pot meth labs (a common method for manufacturing meth in Oklahoma). Though several cats were in the home, the one in the worst condition was taken from the home to be treated at a local veterinarian's office. The cat, who was extremely malnourished and neglected, tested positive for meth. The veterinarian said that although it did not appear that the cat had ingested the drug, the chemicals were found in its blood stream from living in the environment containing at least thirty one-pot meth labs.
On April 24, police arrested a Skiatook woman after her 8-month-old daughter tested positive for meth at St. Francis Hospital in Tulsa. According to police, Amy Lynn Daugherty, 25, sought the advice of a family friend with medical training when she found her infant daughter limp and unresponsive. Emergency personnel transported the infant and her mother to the Tulsa hospital, where the baby tested positive for high levels of meth. Daugherty told police that a few days before, she and her daughter had been present in a home where meth and marijuana were being used. She reportedly told authorities that her daughter had never been out of her supervision and that she did not know how it was possible that the baby had ingested methamphetamine. Daugherty was arrested on a complaint of child neglect, with bail set at $25,000. The injured infant, her twin sister, and a 5-year-old brother were taken in to protective custody by DHS.
The manufacture of methamphetamine is relatively cheap and easy; however, meth labs are fraught with inherent dangers from burns, explosions, and accidental ingestion. Because of the dangers of meth and the high cost of addiction, meth manufacturing, distribution, and possession are prosecuted vigorously. If you or someone you love has been accused of a meth offense, contact an experienced Oklahoma drug defense attorney today.
Pharmacy in Ersland Case Investigated for Drug Sales in OKC
Most Oklahomans first heard of the small Reliable Discount Pharmacy after a pharmacist, Jerome Ersland, shot and killed a would-be robber there. The case was fraught with complications as Ersland maintained he acted in self defense and prosecutors alleged that Ersland killed 16-year-old Antwun "Speedy" Parker after he was no longer a threat. Ersland was sentenced to life in prison.
Now Reliable Discount Pharmacy is in the news again as the District Attorney's office and the Oklahoma Bureau of Narcotics and Dangerous Drugs Control have begun to investigate the high number of narcotic drug sales at the small pharmacy.
The case began on February 1, when Cardinal Health, Inc., the distributor for Reliable Discount Pharmacy, suspended shipments of controlled dangerous substances to the pharmacy. Cardinal Health, Inc. stopped the shipments after it determined that narcotics sent to Reliable Discount Pharmacy had an "unreasonable risk for potential diversion."
Reliable Discount Pharmacy then sued Cardinal Health, Inc., to resume shipments, and an Oklahoma County judge agreed that shipments should continue for 45 days while she considers the case. However, prosecutors have asked the judge to allow the discontinuance of narcotics shipments to the pharmacy, stating that the small pharmacy has sold more of the three most abused prescription drugs over the last two years than three nearby pharmacies combined--including national chains Walmart and Walgreens.
Attorneys for the pharmacy say that Reliable Discount Pharmacy is in compliance with state and federal drug laws and that it has updated drug handling policies to address the concerns of their distributor. They say that the reason the pharmacy outsells nearby competitors in controlled dangerous substances is that they cater to a low-income population without the insurance to offset the cost of prescriptions and without the financial means to pay the prices demanded at chain pharmacies.
Prosecutors and Oklahoma City drug defense lawyers alike see prescription drug abuse as a problem for our state. Recent statistics have shown Oklahoma to be the top-ranked state for prescription drug abuse. Other facts about Oklahoma's growing drug problem are just as startling:
- There is an average of two drug overdose deaths per day in Oklahoma
- More Oklahomans die of drug overdose than in motor vehicle accidents
- 4 out of 5 drug overdose deaths are the result of prescription drugs
While most people think of Oklahoma drug abuse in terms of illegal drugs such as meth, Oklahoma City drug crimes attorneys are seeing more and more clients arrested for prescription drug fraud and illegal possession of prescription drugs. Prescription drug abusers do not generally fit the stereotype of a drug addict. Rather, they are often typical, middle class people who become addicted to prescription drugs following an injury or teens with easy access to narcotics in their parents' medicine chests. OU Linebacker Austin Box, who died of a prescription drug overdose in 2011, has become the face of those who seem to have it all but lose everything as a result of addiction to prescription drugs.
Prescription painkillers are highly addictive. Often, people taking a legitimately prescribed narcotic become dependent on the drug and may take illegal action to assuage their dependency. If you are charged with prescription drug fraud, possession of a controlled dangerous substance, or other drug offense, get help by finding a drug defense lawyer in Oklahoma City.
Federal Drug Bust in Oklahoma City
In an Oklahoma City drug bust last month, federal drug agents seized more than six pounds of methamphetamine, leading to the indictment of one man by a federal grand jury. Jesus Joel Garcia-Lopez, 28, an illegal immigrant, was indicted on charges of charges of conspiracy to possess a controlled substance with intent to distribute, and unlawfully possessing a firearm. Another defendant in the case, Jose Israel Garcia, is a fugitive from justice, charged with conspiracy.
The Oklahoma City drug charges came after federal agents with the DEA (Drug Enforcement Agency) found the meth in an air conditioning vent inside a home on SW 24th after a cooperating defendant told authorities that he had sold the drugs to Garcia-Lopez. The defendant said he delivered 10 packages of methamphetamine in return for $52,000 in cash. The cash was also seized, according to a search warrant. Agents also seized a stolen handgun and a motor vehicle believed to have been purchased with drug proceeds. The 2005 Jeep Grand Cherokee was subject to seizure under the Uniform Control Dangerous Substances Act.
DEA agents became aware of the drug trafficking operation after a drug arrest in Tennessee. One of the men arrested in that incident is alleged to have worked with Garcia-Lopez to transport meth from Phoenix, Arizona, into Oklahoma City and Tennessee.
Federal trafficking charges are subject to minimum sentencing and are based upon the quantity of the drug in possession. Trafficking in methamphetamine is punishable by a minimum of ten years to life in prison and millions of dollars in fines on the first offense. Possession of 5-49 grams of pure meth or 50-499 grams of a meth mixture is enough for trafficking charges. The quantity of meth seized by the DEA Oklahoma City Task Force from the air vent in the Garcia-Lopez case was 2,796.8 grams.
Facing federal drug charges is a serious undertaking. Even though Oklahoma is known as having some of the toughest drug laws in the nation, federal penalties are even more severe, and a federal case is prosecuted by specialized governmental agencies such as the DEA. If you are facing federal drug charges in Oklahoma County, turn to an Oklahoma City drug crimes lawyer who is also an experienced federal criminal defense lawyer. An attorney with demonstrated success in the United States District Courts will be able to offer skillful defense against federal drug charges and is not intimidated by challenging a U.S. District Attorney.
For more information about drug crime defense in Oklahoma City, call Phillips & Bailey at 405-607-1177.
Sex, Drugs, Firearms and DUI cases
Phillips and Bailey finished a busy but successful week with multiple dismissals. These Oklahoma criminal cases included:
- Rape in the 2nd Degree
- 3 possession of drug paraphernalia cases
- 2 possession of a firearm in the commission of a felony
- Driving Under the influence
Charges Mount Against Oklahoma City Criminal Attorney
The Oklahoma City criminal defense attorney charged with helping her boyfriend escape from prison faces additional charges after being arrested for drug possession at a local truck stop. Amy McTeer, 40, of Nichols Hills, was arrested for possession of drug paraphernalia and public intoxication early Monday morning after she flagged down a Guthrie police officer outside a Love's truck stop, telling him she needed a ride home.
According to police, McTeer was "delirious and unable to perform any simple tasks" at the time of her arrest. She told police that she met an unidentified man at a different Oklahoma City truck stop and that he asked her to travel out of state with him. She claimed that while they were riding in his truck and smoking, he must have "slipped something into her [glass] pipe." McTeer was found to have a pipe containing a white substance in her pocket at the time of her arrest. She is expected to be charged with felony drug possession and two additional misdemeanor offenses in Logan County.
McTeer, an Oklahoma defense lawyer, first made headlines when she was charged with helping her boyfriend, a former client, escape from the Union City Community Corrections Facility in Canadian County. McTeer represented Roy G. Kuykendall, 35, in 2008 when he was charged with possession of methamphetamine while on probation. After Kuykendall escaped from the correctional facility, McTeer was charged with assisting a prisoner escape in Canadian County and with harboring a fugitive in Oklahoma County.
McTeer was also charged with child endangerment earlier this year after she was arrested for filing a false police report and child endangerment in late December 2011. In that case, McTeer allegedly called police to report a home invasion. When police arrived, they found no evidence of forced entry, but found McTeer to be under the influence of crystal meth while caring for several children.
Amy McTeer is facing the suspension of her license to practice law as a result of the criminal charges she faces. The Oklahoma Bar Association has filed a request with the Oklahoma Supreme Court to immediately suspend her law license. McTeer filed a continuance in that case after her own attorney quit.
Ms. McTeer's legal troubles show that no one is immune to the damaging effects of dangerous drugs like methamphetamine. Oklahoma is notorious for its high use of meth, and the case of the Nichols Hills attorney demonstrates just how ruinous meth can be. Once a young criminal defense lawyer in Oklahoma City, McTeer is now a criminal defendant in multiple cases, and she is facing the likely loss of her license to practice law in Oklahoma.
Facing drug charges is a serious matter in Oklahoma. If you have been charged with drug possession or other drug crime, contact an Oklahoma City drug crimes defense lawyer for help.
Law Aims to Reduce Prescription Fraud in Oklahoma
A law passed in 2009 to reduce prescription drug fraud in Oklahoma took effect January 1, 2012. The law requires real-time reporting by pharmacies when certain prescriptions are filled and picked up. The intent of the prescription monitoring system is to prevent individuals from obtaining fraudulent prescriptions through the use of stolen prescription pads or through "doctor shopping." When a customer visits a pharmacy to have certain narcotic prescriptions filled, the pharmacist can check the electronic Oklahoma Prescription Monitoring Program to see if the prescription has already been filled elsewhere. When a physician does fill a prescription, he or she enters it into the system within five minutes of pick-up. The full-scale implementation of the real-time reporting system not only reduces someone's chances of having a fraudulent prescription filled, but it also increases the likelihood that one may be criminally charged for attempting to illegally procure a controlled substance. Anyone charged with prescription drug fraud should immediately contact an Oklahoma City drug lawyer for legal advice.
According to the Centers for Disease Control and Prevention (CDC), prescription drug overdose deaths are at epidemic proportions, with 2 million people reporting first-time nonmedical use of prescription drugs in 2010. For every prescription overdose death, reports the CDC, there are 825 nonmedical users. Oklahoma is at particular risk. Between 1997 and 2006, overdose deaths in Oklahoma tripled. In 2008, the CDC ranked Oklahoma eighth in prescription overdose deaths, and it was in the top ten states with the highest opioid drug sales. Opioids include powerful, highly addictive painkillers such as codeine, hydrocodone, oxycodone, morphine, and methadone. The National Survey on Drug Use and Health reports that Oklahoma has the nation's highest rate of nonmedical use for prescription painkillers.
With electronic monitoring of prescriptions, pharmacies may be able to prevent filling falsified or fraudulent prescriptions. If prescribing doctors participate in prescription monitoring through the Oklahoma Prescription Monitoring Program, they may be able to further reduce rates of "doctor shopping" that enables prescription fraud.
In addition to serious health risks of nonmedical use of prescription drugs, anyone who illegally possesses or uses controlled dangerous substances is subject to criminal charges and serious legal consequences. Prescription drug fraud may be charged as a drug crime in Oklahoma, or it may be charged as a federal offense prosecuted by the U.S. District Attorney, the Department of Justice (DOJ), and the Drug Enforcement Agency (DEA). If you have been charged with prescription fraud, it is important to contact an experienced Oklahoma City drug crime defense lawyer as soon as possible to protect your rights and to begin building your case.
New Year’s Eve Shooting Spotlights Oklahoma “Make My Day” Law
When a homeowner shoots and kills and intruder on his or her property, the story is usually considered newsworthy. When the homeowner is an 18-year-old mother of a 3-month-old, a widow whose husband died of cancer less than a week before, the story grabs international headlines.
The story of Sarah McKinley of Blanchard, Oklahoma, has been featured on CBS News, The Huffington Post, The New York Daily News, and even the BBC. Even former Alaska governor and Vice-Presidential candidate Sarah Palin has weighed in on the story, saying of McKinley, "I'm all in favor of girls with guns who know their purpose."
The events unfolded around 2:00 p.m. on New Year's Eve, when the teen mother called 911 and told the dispatcher that someone was trying to break into her house. She had barricaded the door with a couch, but the intruder continued to attempt to gain access to her home. Whispering, McKinley asked the dispatcher, "I've got two guns in my hand. Is it okay to shoot him if he comes in the door?" In the released 911 tape, the dispatcher responds, ""Well, you have to do whatever you can do to protect yourself. I can't tell you that you can do that, but you have to do what you have to do to protect your baby."
It took police approximately twenty minutes to arrive at the scene, and by that time, Justin Shane Martin, 24, was slumped dead over the couch, clutching a knife in his hand. An accomplice had fled the scene. Later, the alleged accomplice, Dustin Louis Stewart, 29, turned himself in to authorities.
Prosecutors say McKinley was clearly acting in self defense and will not be charged with any crime. Oklahoma's "Make My Day" law, officially the Castle Doctrine, allows the use of deadly force for the protection of one's home and any innocent people legally within the home from a violent attack or any intrusion which may turn violent. An 18-year-old girl protecting her 3-month-old son from a knife-wielding intruder certainly seems to fit the stipulations of the Make My Day law.
Although McKinley will not face criminal charges, Martin's alleged accomplice faces a first degree murder charge. Under Oklahoma law, if a death occurs during the commission of a felony, such as first-degree burglary in this instance, anyone involved in the crime may be charged with the murder. Though Dustin Stewart fled the scene and called 911 shortly after the shooting, he has been charged with first degree murder as the alleged accomplice of the fatally wounded Martin.
However, prosecutors will have to prove that Stewart was actually Martin's accomplice in the break-in. Stewart's Oklahoma defense attorney may point to Stewart's 911 call as evidence of his innocence.
Stewart called 911 shortly after hearing gunfire. He told the dispatcher, "My name is Dusty Stewart, and I think it is my friend that got shot." He allegedly told the dispatcher, "I don't know what he was trying to do. I stood at the fence and told him to come on and I don't know what he did."
However, court documents show that Stewart later told police that he and Martin had taken painkillers before going to McKinley's home. He is reported to have told investigators that Martin knew that McKinley's husband had recently died of cancer, and that he assumed there would be painkillers in the home, so he devised a plan to burglarize the home and steal the painkillers.
Perhaps, in light of this statement, Stewart's Oklahoma criminal lawyer will use his client's cooperation in an attempt to gain leniency in sentencing.
Dusty Stewart was released on bail with a preliminary hearing set for May. At the time of this writing, Stewart's Oklahoma defense lawyer has not responded to media requests for a statement about this high profile case.
OKC Police Ring in 2012 with High-Speed Chase
Two men are facing drug trafficking charges in Oklahoma City after a high-speed pursuit by Oklahoma City police and the Oklahoma Highway Patrol. Instead of celebrating the start of a new year, Torray Andre Payne, 35, and Daryl Taylor, 24, will be finding an Oklahoma City drug lawyer to handle their defense.
According to police, Oklahoma City police officers attempted a routine stop for a traffic violation just after 1:00 a.m. on January 1. The suspects did not stop, and instead continued east, reaching speeds of up to 100 mph before crashing the vehicle. Police say Payne and Taylor attempted to flee on foot but were apprehended. Allegedly, the two men were throwing drugs from the vehicle during the pursuit, and a search of the vehicle revealed large amounts of cocaine and money. Payne and Taylor were arrested for attempting to elude police and on suspicion of drug trafficking in Oklahoma.
In Oklahoma, drug trafficking charges are usually levied based on the amount of the illegal narcotic in possession of the defendant. Regardless of whether or not the suspect actually intended to sell or distribute the controlled substance, prosecutors feel that possession of a large amount of drugs is an indication of an attempt to sell or traffic in drugs.
The amount of drug necessary for Oklahoma drug trafficking charges depends on the type of drug in possession:
- Marijuana - 25 pounds
- Cocaine - 28 grams
- Crack Cocaine - 5 grams
- Heroine - 10 grams
- LSD - 50 doses
- Methamphetamine - 20 grams
- PCP - 1 ounce
Though trafficking generally refers to "large amounts," it is clear that possession of even small amounts of particularly potent drugs can lead to drug trafficking charges in Oklahoma. Larger amounts may bring a charge of aggravated trafficking.
Penalties for a conviction of trafficking in Oklahoma include mandatory prison sentencing, heavy fines, license suspension, and forfeiture of any assets gained by or used in trafficking. Seized assets may include cash, weapons, and vehicles.
Drug trafficking is a felony which may be charged as either a state offense (trafficking within Oklahoma) or a federal offense prosecuted in conjunction with the FBI or the DEA.
Penalties for a first offense of Oklahoma drug trafficking include four years to life in prison and fines ranging from $20,000 to $500,000. If a person has two prior drug trafficking convictions, he or she may be sentenced to life in prison without parole.
Oklahoma has some of the toughest drug laws in the nation. If you are suspected of trafficking in illegal narcotics, it is important to contact a skilled Oklahoma City drug lawyer immediately to begin your defense.
Top Oklahoma Crime Stories of 2011
As 2011 draws to a close, stories of the "top" items of the year seem to be everywhere: top celebrity news, top famous deaths, top movies, top news stories, and more. There are even lists describing the worst of the year. With the old year ending and the new year quickly approaching, Oklahoma criminal defense attorneys look back at some of the biggest crime news this year in the state. Unfortunately, it seems that many of the most heinous crimes took place at the end of the year. Though most crimes never make headlines, these are a few of the stories that captured public interest and remained leading stories for much of the year.
In no certain order, here are a few of the Top Oklahoma Crime Stories of 2011:
- The Jerome Ersland Murder Trial - Pharmacist Jerome Ersland was charged with homicide and convicted for the murder of Antwun "Speedy" Parker, a 16-year-old attempting to rob the Reliable Discount Pharmacy. Ersland was charged after prosecutors say that his actions went beyond self defense, claiming he shot the robber five additional times after the teenager was incapacitated. Ersland's trial was fraught with confusion and complications before he was eventually convicted this year and sentenced to life in prison. Ersland's Oklahoma City defense lawyer is appealing the conviction.
- The Maiming of Officer Chad Peery - Off-duty Oklahoma City police officer Chad Peery was at a local bar and grill when he was asked by bartenders to help with some unruly customers. As Peery was escorting the men from the premises, he was severely beaten, causing paralyzing injury. Joshua Rinken, Jimmy Smith, and Cadmio Lopez were charged with assault and battery by means of force as is likely to cause death, an offense whose punishment carries a sentence of up to life in prison. Rinken and Smith are accused of physically injuring Peery, while Lopez is accused of preventing others from intervening on the officer's behalf. Though his Oklahoma City assault lawyer asserted that Lopez was innocent of any wrongdoing, Lopez pleaded guilty in November. He will be sentenced in January. Rinken and Smith are scheduled to stand trial early in 2012.
- Arrest in the Murder of "The Weleetka Girls" - The 2008 murders of 11-year-old Skyla Whitaker and 13-year-old Taylor Placker in Weleetka, Oklahoma, seemed in danger of remaining unsolved until another murder this year uncovered evidence tying the suspect to the Weleetka murders. When Kevin Sweat was arrested for the murder of his fiancee Ashley Sweat, an investigation found shell casings and a receipt for a gun that connected him to the killings in Weleetka. Sweat allegedly admitted to killing the girls, but on December 13, he remained silent at a hearing, causing the judge to enter a not guilty plea on his behalf. Because of the high-profile nature of the case, Sweat's Oklahoma defense attorneys have asked the judge to issue a gag order. A ruling on the gag order will be made January 3.
- Serenity Deal Murder and the Ongoing DHS Scandals - Five-year-old Serenity Deal was beaten to death less than a month after being placed in the custody of her father, despite earlier evidence of severe abuse. Her father, Sean Brooks of Oklahoma City, pleaded guilty to first-degree murder and was sentenced to life in prison. Brooks will not be eligible for parole until he is 70 years old. He waived his right to appeal. Serenity's death is the latest in a string of child abuse deaths, beginning with the killing of 2-year-old Kelsey Smith-Briggs in 2005, that have demonstrated questionable judgment by DHS authorities and have launched a call for strong DHS reform.
- Carina Saunders Murder - The Saunders murder case first came to Oklahoma headlines when a dismembered body was found in a duffel bag in a field beside a Bethany Homeland store. The body was later identified as 19-year-old Carina Saunders, who had been missing for several days. A botched drug deal led to the arrest of Jimmy Lee Massey, who, through police interviews, was determined to have had a role in Saunders death. Allegedly, Massey kidnapped a young woman and took her to a room where she was forced to watch as Saunders was tortured. She was made to believe that the same thing would happen to her if she did not cooperate with a human trafficking operation. Police have also arrested Francisco Gomez on drug charges, and believe he has crucial information about Carina Saunders's death. Investigators believe that these arrests will lead to many more in connection with a sweeping drug trafficking and human trafficking scheme.
Though these are certainly not all of the major crime stories of the year, they are a few that have gripped media attention across Oklahoma. As 2011 winds to its end, we reflect on some of the leading news of the year and hope for a peaceful and prosperous 2012.
Two Men in Custody in Gruesome Murder in Bethany Oklahoma
The killing of 19-year-old Carina Saunders, whose dismembered body was found in a duffel bag behind a local grocery store, terrified citizens of a small Oklahoma City-area town and stumped investigators. Now two men arrested on drug complaints have been implicated in her death. Police believe that these arrests are the beginning of many to follow as they crack connected drug trafficking and prostitution rings. Being held in connection with Saunders's death are Jimmy Lee Massey, 33, and Francisco Gomez, 31. Both men were arrested on illegal drug trafficking complaints.
Carina Saunders name first made headlines when she was identified as the victim of a horrendous killing. She was reported missing to Oklahoma City police and had last been seen on October 8 or 9. On October 13, animal welfare workers managing a colony of feral cats in a field behind a Bethany Homeland store discovered a duffel bag containing human remains. Saunders was identified on October 17 using dental records.
Initially, two young men were considered persons of interest in the killing, but both were cleared. The first, Kyle Tweed was quickly cleared after he went to police to "clear his name." Cody Perez, 21, was suspected in connection with Saunders's death after family members mistakenly identified the victim as a girl he had brought home. Through a series of coincidences, Perez, a culinary arts student, built suspicion against himself as he sold his knives and left town the day after Saunders was last seen alive. Oklahoma City criminal defense lawyers note that circumstantial evidence means little, even when a person's guilt seems assured in media reports.
Eventually, there was a break in the case, which was being handled by the Bethany Police and the Oklahoma State Bureau of Investigation (OSBI) with support from the Federal Bureau of Investigation (FBI). Jimmy Massey was arrested after a bad drug deal, in which a man who sold methamphetamine to the suspect went to police in fear for his safety after Massey refused to pay $7,500 for the drugs. During the questioning of Massey, he admitted to having information about the Saunders murder, and a search warrant was obtained for a cell phone that had text messages related to the killing. Massey also implicated Francisco Gomez in the killing, and Gomez was arrested on complaints of drug trafficking and failure to pay child support.
It is not clear whether either man has hired an Oklahoma City criminal lawyer to represent him.
Massey's interview with police has revealed new information about the Saunders case, and an unnamed person has told authorities that she was a witness to the murder.
The witness told police that on October 9, she was forced into a car, blindfolded, and taken to an undisclosed location where she was forced to watch as Saunders was tortured and killed. She was told that the same thing would happen to her if she did not cooperate as demanded in a human trafficking operation. Massey admitted that he abducted the witness and took her to the murder scene.
Authorities believe that the arrests of Massey and Gomez are the first in a series of arrests they anticipate as they break open the drug and human trafficking rings in which the two men are suspected of being involved.