McAlester News-Capital, McAlester, OK

Local News

November 21, 2012

Man connected to crack-cocaine drug-ring pleads guilty

McALESTER — A McAlester man who was involved in a local crack-cocaine drug-ring pleaded guilty recently in Pittsburg County District Court.

Micah Heath Avery, 27, pleaded guilty Nov. 9 in Pittsburg County District Court to charges of conspiracy to deliver, manufacture and possess a controlled dangerous substance and unlawful use of a communication facility.

He was fined $52,290, with all but $49,000 suspended and judgment and sentencing were deferred for 10 years on the first count and five years on the second count, to run concurrently.

Charges against Avery, and others allegedly involved in the drug-ring, were filed in the wake of an investigation in which the District 18 Drug and Violent Crimes Task force for Pittsburg and Haskell counties, along with the federal Drug Enforcement Agency, conducted a federal court-ordered interception of oral and wire communications over a cellular telephone used by Mario D. Richardson, according to court documents.

Richardson has been charged at the federal level.

Many of the state charges are for alleged “unlawful use of a communication device” or “unlawful use of a communication facility,” — a reference to the use of cell phones, trac phones of other types of telephonic devices.

Those who have also been charged in Pittsburg County District Court by District 18 District Attorney Farley Ward’s office, and the felony charges filed, are:

• James Rueben Williams, 44, of McAlester, charged with distribution of a controlled dangerous substance, crack cocaine — including possession with intent to distribute on March 27, 2012; along with unlawful use of a communication facility and possession of a controlled dangerous substance, cocaine. He is due back in court Aug. 3.

• Christopher Robin Long, 18, of McAlester, is charged with attempted possession with intent to distribute a controlled dangerous substance, Hydrocodone, on March 26, 2012, and unlawful use of a communication device, a telephonic communication, in the furtherance of a felony. He is due back in court Dec. 12.

• Christopher Allen Crosby, 38, of McAlester, was charged with felony counts of attempted possession of a controlled dangerous substance, crack cocaine, on March 29, 2012, and unlawful use of communication device in the furtherance of a felony. He pleaded guilty Nov. 6 and was sentenced to serve 20 years in the custody of the Oklahoma Department of Corrections, with 13 years suspended.

• Nolan Marshall Pointer, alias Butter Bean, 62, of McAlester, is charged with two felony counts of unlawful use of a communication device and conspiracy to deliver/manufacture/ possess a controlled dangerous substance, crack cocaine, on April 24, 2012. He pleaded guilty Nov. 8 and was sentenced to serve 13 years in the custody of the Oklahoma Department of Corrections, with five years suspended.

• Stoney Joe Fry, 25, of McAlester, charged with felony counts of conspiracy to distribute a controlled dangerous substance, Hydrocodone, on March 26, 2012, and unlawful use of communication device in the furtherance of a felony. He is due back in court Nov. 29.

• Kathy L. Hollis-Wheatly, 57, of Hartshorne, charged with felony counts of conspiracy to possess a controlled dangerous substance, crack cocaine, on April 12, 2012, and unlawful use of a communication device, along with a misdemeanor count of destruction of evidence. She is due back in court Dec. 12.

• Marquis M. Chaney, 28, of McAlester, charged with conspiracy to deliver/manufacture/possess a controlled dangerous substance, marijuana, between March 27 and April 13, 2012; unlawful use of a communication facility, and maintaining a place for keeping/selling a controlled substance. He is due back in court Nov. 27.

• Harold Lyle Cole, 65, of McAlester, is charged with felony counts of unlawful delivery of a cocaine-based narcotic, on Sept. 3, 2010, and unlawful use of a communication facility. He was due back in court Nov. 20.

• Juliann Aponte-Kennedy, 45, of Eufaula, charged with possession of a controlled dangerous substance, identified as a cocaine- based substance, on April 6, 2012. Pleaded guilty Sept. 21 and judgment and sentencing were deferred for three years.

• Roy Glenn Brown, 57, of McAlester, charged with possession of a controlled dangerous substance, cocaine, on April 6, 2012. On Oct. 19 the court found him incompetent after requiring him to receive a competency evaluation. Court proceedings are stayed until further order from the court and Brown has been ordered to the custody of the Oklahoma Department of Corrections. He has been in the custody of the Pittsburg County jail since Aug. 22.

• Chester Lawson Giddings, 51, of McAlester, charged with unlawful use of a narcotic, marijuana, on April 6, 2012, and unlawful use of a communication facility. He was due back in court Nov. 21.

• Clarence Ellis Jr. 63, of McAlester, charged Aug. 22 with unlawful delivery of a cocaine-based narcotic, on May 4, 2012, and unlawful use of a communication facility. A $35,000 warrant was issued for his arrest on the day he was charged and he remains out of custody.

• Kevin McArthur Johnson, 48, of McAlester, charged Aug. 22 with three felony counts of unlawful use of a communication facility, and maintaining a place for keeping or selling a controlled substance, at 901 E. Delaware Ave., between March 23 and April 21, 2012. He is due back in court Nov. 27.

• Marcy Lee Warren, 49, of Quinlan, Texas, charged with a felony count of possession of a controlled dangerous substance, crack cocaine, on March 27, 2012. She is due back in court Dec. 10.

• Earl Patrick Woodmore, 45, of McAlester, charged with three felony counts of unlawful use of a communication facility, on March, 24, March 30, and April 2, 2012. He is due back in court Dec. 20.

• Virgil Lee Davis, of McAlester, charged Aug. 24 with two felony counts of unlawful delivery of a narcotic, on Dec. 19 and Dec. 20, 2011, and with maintaining a place for keeping selling a controlled substance, on Dec. 19, 2011, at 1120 E. Chickasaw Ave. He pleaded guilty Nov. 5 and was sentenced to serve 15 years in the custody of the Oklahoma Department of Corrections, with five years suspended.

• Acamie Decole Moton-Lawrence, also known as Acamie Davis, charged in two cases Aug. 22 with unlawful delivery of a narcotic, attempted possession of a controlled dangerous substance (cocaine) and unlawful use of a communication device in the furtherance of a felony. She pleaded guilty Sept. 14 and was fined $50,900, with $50,000 suspended, and received a five-year suspended sentence on each count to be served concurrently.

In addition to the state charges, six individuals were taken into custody on federal charges as part of Operation Dealer’s Choice.

Charges include conspiracy to possess with intent to distribute and “distribute” cocaine base, also known as crack cocaine; distribution of crack cocaine within 1,000 feet of a public school or public housing facility; distribution of crack cocaine, and maintaining drug-involved premises.

Those who have been indicted, arrested and arraigned in federal court in connection with the investigation are:

• Mario Dushun Richardson, a/k/a/ Big Sexy, a/k/a Rio, 28, of Tulsa;

• Julland Auddis Richardson, a/k/a Jack, 33, of Tulsa;

• Rodney Lee Morgan Jr., 23, of Tulsa;

• Leonard Ray Austin, a/k/a Lenny, 34, of McAlester;

• Nathan Bernard Johnson, 46, of McAlester; and

• Elmer Don Whittaker, a/k/a E.D., 51, of McAlester.

The federal indictment alleges that from a time beginning in May 2011 and continuing until approximately April 24, 2012, the defendants conspired with others to knowingly and intentionally distribute and possess with intent to distribute 280 grams or more of crack cocaine. Also, the indictment alleges the substance was distributed within 1,000 feet of a public school or a housing facility owned by a public housing authority.

The federal indictment also charges that a residence at 513 W. Delaware Ave. in McAlester was knowingly maintained for the purpose of distributing controlled substances.

Contact Rachel Petersen at rpetersen@mcalesternews.com. Contact James Beaty at jbeaty@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.

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