A local defense attorney was arrested Tuesday at the Pittsburg County Courthouse after misdemeanor warrants were issued for his arrest.
Brecken A. Wagner, 42, McAlester, was charged with possession of a controlled dangerous substance, obstructing an officer, and false reporting of a crime, according to documents filed in Pittsburg County District Court.
District 18 District Attorney Chuck Sullivan said his office recused from the case with court documents showing the charging decisions were made by the District 12 District Attorney’s Office, which encompasses Craig, Mayes, and Rogers Counties in northeastern Oklahoma.
Wagner was taken into custody Tuesday afternoon following a hearing for a client at the Pittsburg County Courthouse.
When asked for comment, Wagner said “no.”
According to a probable cause affidavit prepared by McAlester Police Department Lt. Bobby Cox, officers were called in September to a fire investigation on Cardinal Lane after firefighters with the McAlester Fire Department saw “what appeared to be drug paraphernalia” and a “possible handgun” near the items.
Cox wrote in his report while he was walking the residence with firefighters, he also saw the alleged paraphernalia and handgun and contacted District 18 Task Force investigators for assistance.
The report states 20 minutes later, Wagner arrived at the residence and began questioning investigators about what was going on and began to shout.
Cox wrote in the affidavit he told Wagner “that if he continued to cause an issue he would be arrested.”
After investigators with the District 18 Task Force arrived, Wagner “approached with his phone out in a manner as if he was recording the incident” and asked Cox for a copy of the warrant, the affidavit states.
The report states Cox told Wagner he was not going to get a copy of the warrant and asked Wagner to leave.
“Cox normally would not have tolerated the continued obstruction” but “due to Cov19" the sheriff’s office was only accepting felony arrests, the report states.
According to the affidavit, dispatchers received a call from Wagner who requested a trespass charge to be filed on the officers “because he was not provided with a copy of the search warrant” and that he was making the complaint on behalf of the home owners.
In a separate probable cause affidavit prepared by MPD Officer Colby Barnett, Wagner was stopped by Barnett in August for failing to stop at a red light.
After initiating the traffic stop on Wagner, Barnett was notified that Wagner’s tag was expired and Barnett told Wagner his truck was being impounded, the report states.
The affidavit states during an inventory of Wagner’s vehicle, officers noticed a glass vial of alleged testosterone sitting in the center console.
According to the report, testosterone is a schedule three narcotic and the vial was sent to the Oklahoma State Bureau of Investigation for further testing.
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