(Stillwater, Okla.) — Two Cushing men accused of breaking into Mac’s Jewelry in downtown Cushing on the day before Valentine’s Day were given court-appointed attorneys to represent them on the felony burglary charge Friday.
Justin Allen Kelley, 30, who remains jailed on total bail of $9,500, and Martin A. Marquez, 33, who remains jailed on $15,000 bail, said that they are unemployed on their applications for an attorney. Both are due to return to court on March 5.
They were arrested after Cushing Police Officers Matthew Piatt and Justin Sappington — while checking downtown businesses on routine patrol about 1 a.m. Feb. 13 — noticed a broken glass front door to Mac’s Jewelry and Goldsmith, Cushing Police Detective Adam Harp wrote in an affidavit.
Several glass cases containing jewelry had been broken and gone through, the affidavit said. When the owner, Kenneth Alcorn, later arrived, he confirmed that jewelry, rings, necklaces and money were missing from glass cases in the store, the affidavit said.
Officer Piatt told the detective that he had noticed what appeared to be fresh shoeprints in the snow that led from the Cimarron Tower Apartments, located next door to Mac’s Jewelry and Goldsmith, the detective wrote in his affidavit.
About seven and one-half hours later, at 8:40 a.m., Cushing police were called by the Cimarron Tower Apartments manager — reporting that a janitor had located several rings and jewelry boxes believed to be from Mac’s Jewelry and Goldsmith, in a trash can in the apartment’s first-floor men’s restroom, the affidavit said.
“Officers located the jewelry boxes and the rings and also noticed a dried reddish-brown substance believed to be blood on the countertop, floor, jewelry boxes and paper towels inside the men’s bathroom and trash can,” the affidavit said.
When police reviewed the security footage from the Cimarron Tower Apartments, they noticed that at about 12:19 a.m., two unknown persons believed to be males, dressed in dark clothing covering their heads with hoodies — with one carrying a black backpack — went into the apartments from the rear and into an elevator, the affidavit said.
Shortly thereafter, the same two got off the elevator and left the apartment building through the front door at 12:47 a.m., the affidavit said.
A minute later, both came back into the apartment bulding and ran down the hall into the men’s restroom, the affidavit said. Three minutes later, both left the restroom and got back on the elevator, the affidavit said.
The apartment manager told police that she believed the two were possibily visiting a man who lives there, the affidavit said.
When police interviewed the man — who they thought might have visited by two men — he said that Kelley and another man he knew only as Martin came over about 1 a.m. for about five minutes, left, and returned about 10 minutes later, the affidavit said.
When the man was asked if he would look at the security footage to identify the two unknown men, he said that he would not — that he did not want to get involved, the affidavit said.
Through police investigation, Kelley and Marquez were located in Cushing at a house in the 900 block of E. Second Street, the affidavit said. Kelley was arrested on an outstanding Payne County warrant and Marquez was taken to the Cushing police station for questioning, the affidavit said.
Inside the front doorway of the house where the two were located, the detective noticed what appeared to be dried blood on the floor and on top of an end table near a chair in the living room, the affidavit said.
The detective recovered some jewelry and jewelry boxes believed to have come from Mac’s Jewelry and Goldsmith, from a nightstand next to the bed in one of the bedrooms in the house, the affidavit said.
The owner of Mac’s Jewelry “was able to identify the jewelry and jewelry boxes as belonging to him,” the affidavit alleged.
When questioned at the Cushing Police Department, “Justin said that yesterday that he went to the Perkins Casino and then he went partying at a friend’s house between Cushing and Stillwater,” at about 12:45 a.m., the affidavit said.
“Justin at first denied being at the Cimarron Tower Apartments, but later said that he and another person — who he later said was Martin — went to visit,” a relative there, the affidavit alleged.
“Justin confirmed that the person in the still photographs that we showed him was him and the other was Martin. Justin denied having any knowledge about the burglary at Mac’s,” the affidavit alleged.
“We asked Justin if any of the property from the burglary would be at the house that he was taken into custody at, and he said that he was positive that there was no property from the burglary at the house,” the detective wrote in his affidavit.
“I showed him the property, jewelry and jewelry boxes that we had recovered from the house,” the detective wrote in his affidavit.
“Justin then admitted that he was drunk last night and drank a gallon of Kentucky Deluxe and that he smashed the window and grabbed the jewelry from the cases,” the affidavit alleged.
“Justin said that he used a hammer to break the glass and when asked about the hammer, he said that he got rid of it, but does not remember where,” the affidavit alleged.
“Justin said that after he grabbed the items that he ran back to the Cimarron Tower Apartments and went into the men’s bathroom and took all the jewelry from the display cases and put the jewelry in his pocket,” the affidavit alleged.
“Justin said that he waited until the police left and walked to the address on Second Street. When asked about Martin’s involvement, he would not tell us if he was involved in the burglary,” the affidavit alleged.
“It should be noted that when Justin and Martin left together that they came back together and went into the bathroom and later to an apartment upstairs. Justin also had bandaids on three of his knuckles on his right hand,” the affidavit said.
“I asked Justin if the property that was recovered from the house on Second Street was all the property and he said no,” the detective alleged in his affidavit.
“Justin said that he was wearing a ring and a necklace and took it off and dropped it when he was hiding from us in the closet on Second Street and agreed to take us over to the house to retrieve the necklace and ring, which we did,” the detective alleged in his affidavit.
“I also seized a pair of brown-colored boots that Justin said that he was wearing when he committed the burglary,” the detective alleged in his affidavit.
“It should be noted that the tread pattern on the bottom of the shoes was consistent with the shoeprints in the snow near the crime scene,” the affidavit alleged.
If convicted of breaking into the Cushing jewelry store, Kelley and Marquez could each be given a seven-year prison term.
Kelley also has a history of misdemeanor charges of shoplifting — a quart bottle of beer from Maveric Mini Mart on Cherry Street in Cushing on Jan. 3, a package of precooked ribs from Escott’s grocery in Cushing on Dec. 20, 2010, and a pack of instant cold compress from a Dollar General Store in Cushing on Nov. 11, 2020.
Kelley was charged with domestic abuse in Ripley in 2006, to which he pleaded guilty and was given a one-year suspended sentence, court records show.
Kelley was also charged in 2006 with punching a man in Ripley, who suffered a fractured jaw, for which he was ordered to pay $4,168 restitution, court records show.
Kelley still owes $2,799 restitution and $2,297 in court costs in that case, according to court documents.
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