With the defendant never claiming ownership of 8 grams of methamphetamine or drug paraphernalia found inside his home, Lawrence David Mackey, 52, of Marlow was found guilty of distribution of controlled dangerous substance and guilty of possession of controlled dangerous substance with intent to distribute Tuesday afternoon.
During the non-jury trial, Stephens County District Judge, Joe Enos heard testimony from family members which pointed fingers at several people’s ownership of methamphetamine found in Mackey’s home during a drug bust last July.
In April 2012, a confidential informant recorded the purchase of ten hydrocodone tablets for $50 from Mackey during an undercover buy. Arrest warrants were issued and Stephen’s County Sheriff Office deputies knocked on Mackey’s door to serve the warrant.
As deputies led Mackey to a closet to retrieve clothes to go jail, deputies discovered drug paraphernalia associated with someone selling drugs. Mackey testified he told deputies the items belonged to his wife Heather. Mackey also testified the couple had separated and he lived alone with his dog.
A search of the house uncovered a plastic bag stuffed between Mackey’s bed and a wall. The bag held 20 small bags of white crystal-like substance, which the Oklahoma State Bureau of Investigation laboratory later identified as methamphetamine. This led to the second charge of possession of a controlled dangerous drug with intent to distribute.
Mackey and his wife both testified during this week’s trial, the confidential informant was an individual she knew from work who owed her money and was coming by to repay a debt.
The wife was unsure if the informant owed $40 or $50, but testified she had talked with him while at work and told the informant to go to her husband’s home and give him the money. Mackey stated he knew the man, met him on the front porch and received eight five-dollar bills from him but denied selling him hydrocodone.
Mackey didn’t know the man was wired with audio/video equipment recording the event, and a Stephens County District Six Drug Task Force officer was monitoring the transaction from just down the street.
The task force agent testified he gave the informant two twenty-dollar bills and a ten-dollar bill to buy ten hydrocodone tablets from Mackey. After the deal, the informant gave the agent 10 yellow tablets.
Although the wife testified she was in possession of her husband’s hydrocodone pills in April, on the stand, she stated she didn’t arrange to sell any more pills to the confidential informant in May. She testified the man was only coming by the home to repay a loan.
Mackey testified the plastic bag belonged to his son who came to his home to do laundry. Mackey stated his son pulled the plastic bag out of his laundry duffle and left it on Mackey’s nightstand.
When the son was called to the stand, Mackey’s defense attorney stated the witness was aware the questions he was about to ask could implicate him in a crime. The judge interrupted and asked the witness if he would like to speak to an attorney before giving any testimony which could implicate him in a crime and, for which, he could be arrested and charged.
During a brief recess, the witness conferred with attorney Jeffrey K Archer, who advised the court the witness would invoke his fifth-amendment rights and not answer questions which may incriminate him in a crime.
Mackey’s 72 year-old mother’s testimony was another attempt to deflect ownership of the drugs to her grandson when she tried to enter a hearsay statement. The prosecution interrupted and the judge agreed the testimony was improper and the witness left the stand.
As the testimony concluded Monday, the judge ordered Mackey’s bail revoked and he was taken into custody. The trial resumed Tuesday afternoon, as a handcuffed and shackled Mackey took the stand.
On Tuesday, Mackey testified his son left the drugs at his house and he wasn’t on the video selling drugs to the confidential informant, just simply accepting money owed to his wife.
After a short break, Judge Enos returned with a guilty verdict and scheduled sentencing for July 11, allowing time for a pre-sentence evaluation to be completed.
The wife, Heather Mackey, testified during her sentencing, she had sold ten of her husband’s hydrocodone pills to a confidential informant in April 2012. She was given a seven-year deferred sentence.
Fingers pointed in drug case
Posted in: News
By Tinker Hruby
May 16, 2013 - 8:49:50 AM
May 16, 2013 - 8:49:50 AM
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