McAlester News-Capital, McAlester, OK

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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.

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