McAlester News-Capital, McAlester, OK

Local News

February 8, 2013

Meth manufacturing charges dismissed for three McAl. residents

McALESTER — Methamphetamine manufacturing charges have been dismissed recently for three McAlester residents.

Kathy Jo Bryant, 33; Kelly Lynn Ewton, 49, and Jesse Ryan Weaver, 32, were charged in June with multiple felony counts, including manufacturing methamphetamine and keeping a drug house.

Charges were dismissed for Ewton with costs on Dec. 27 and then on Jan. 29, charges were dismissed without costs for both Bryant and Weaver.

Brecken Wagner, attorney for Weaver, filed a motion to quash in the case. Over the objection of the District 18 District Attorney’s office, that motion was granted.

On June 17, District 18 Narcotics Task Force officers executed a search warrant at the defendant’s home on Sixth Street in McAlester and allegedly found items associated with the manufacturing of methamphetamine.

After the case’s dismissal, Wagner said, “The case was dismissed on a motion to quash. In my motion, we argued that the search was not a legal search.” Wagner also said that during the search, police found psuedoephedrine (or Sudafed) in an open garage not attached to the property and some cleaning chemicals in the home’s laundry room. “There was no manufacturing going on there,” Wagner said. “The state couldn’t prove by probable cause that there was manufacturing going on and the court agreed with us and approved my motion to quash.”

Wagner said the items found in the home were ones that could be found in any home at any time. A box of Sudafed and some regular household cleaning supplies does not constitute manufacturing methamphetamine, Wagner said.

Contact Rachel Petersen at rpetersen@mcalesternews.com.

For more on this story, see the print or electronic editions of the McAlester News-Capital. Click here for print edition home delivery or click here to see the Smart Edition for your computer, tablet, e-reader or smart phone.

1
Text Only | Photo Reprints
Local News
Seasonal Content
AP Video
Six Indicted in StubHub Hacking Scheme Former NTSB Official: FAA Ban 'prudent' EPA Gets Hip With Kardashian Tweet Bodies of MH17 Victims Arrive in the Netherlands Biden Decries Voting Restrictions in NAACP Talk Broncos Owner Steps Down Due to Alzheimer's US, UN Push Shuttle Diplomacy in Mideast Trump: DC Hotel Will Be Among World's Best Plane Crashes in Taiwan, Dozens Feared Dead Republicans Hold a Hearing on IRS Lost Emails Raw: Mourners Gather As MH17 Bodies Transported Robot Parking Valet Creates Stress-free Travel Raw: Fight Breaks Out in Ukraine Parliament Disabled Veterans Memorial Nearing Completion Last Mass Lynching in U.S. Remains Unsolved Home-sharing Programs Help Seniors Ex-NYC Mayor: US Should Allow Flights to Israel
NDN Video
LeBron James -- Dropped $2k On Cupcake Apology ... Proceeds To Benefit Charity Snoop Dogg Says He Smoked Weed at the White House Raw: Fight Breaks Out in Ukraine Parliament Chris Pratt Interrupts Interview To French Braid Intern's Hair Shirtless Super Mario Balotelli Dances While Ironing - @TheBuzzeronFOX Whoa! Watch "Housewives" Star Do the Unthinkable LeBron apologizes to neighbors with cupcakes Justin Bieber In Calvin Klein Underwear Shoot Samsung Pre-Trolls The IPhone 6 With New Ad Jimmy Kimmel Introduces His Baby Girl Swim Daily, Nina Agdal in the Cook Islands Guilty Dog Apologizes to Baby for Stealing Her Toy Prince George Turns 1 and is Already a Trendsetter Train Collides With Semi Truck Carrying Lighter Fluid Kanye West Tells-All on Wedding in "GQ" Interview Tony Dungy Weighs in on Michael Sam Scarlett Johansson Set To Marry In August New Star Wars Episode XII X-Wing Revealed Obama: Putin must push separatists to aid MH17 probe Michigan inmates no longer allowed to wear orange due to 'OITNB'
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.