(Stillwater, Okla.) — A Cushing man was arraigned Monday from the Payne County Jail on two counts of delivering methamphetamine to a confidential informant for the Sheriff’s Office at his residence at 1510 S. Little on Jan. 8 and Jan. 22.
Frank Leslie Chalkey, 52, who was already on 10 years’ probation for possession of marijuana with intent to distribute in 2010, was ordered held on $40,000 bail pending a court appearance on Oct. 6.
Chalkey’s latest drug charge was filed one day after District Judge Phillip Corley threw out evidence seized by the Payne County Sheriff’s Office on a search warrant served at the same Cushing residence on Jan. 29.
Chalkey’s defense attorney Royce Hobbs maintained that the search was illegal and was “executed by the Payne County multi-jurisdictional special operations team without notice or warning by use of a distraction device and forcibly breaching a door five days after the issuance of the warrant.”
On Sept. 3 when the judge granted the defense motion to suppress the evidence against Chalkey as illegally obtained, the prosecution gave notice of intent to appeal Corley’s ruling, court records show.
The search warrant had been served at Chalkey’s residence shortly after 2 p.m. on Jan. 29 by sheriff’s deputies and the Stillwater Police Department’s SWAT team, Payne County Sheriff’s Deputy Gregg Russell wrote in an affidavit.
“In this investigation, I have done surveillance on Chalkey’s residence where I have observed cars coming and going from the residence. It has been my training and experience this is common for people that sell drugs to have traffic coming and going from their house at all hours of the day and night,” Russell wrote in his affidavit.
In addition to Chalkey, five others were at the residence, Russell noted in his affidavit.
“Total weight of all methamphetamine found in Chalkey’s kitchen, bedroom and shop came to 33.2” grams, the affidavit alleged.
In a wallet with Chalkey’s identification, $1,005.80 was found, while $1,000 more was found “hidden in the dresser under the top of the dresser wedged in between two pieces of wood,” the affidavit alleged.
Found in a shop on the property were a Kel-Tec 9 mm gun loaded with seven rounds, a 12-gauge shotgun, a .22-caliber rifle with scope, a Ruger rifle with six rounds, and a 225 count box of .22 caliber rounds, the affidavit alleged.
“In this investigation, I conducted two controlled purchases of methamphetamine out of Chalkey’s residence from him,” Russell alleged in his affidavit.
In that case which remains pending, Chalkey was charged with conspiracy to commit a felony, possession of methamphetamine with intent to distribute, maintaining a house where drugs are kept, possession of proceeds derived from drug violations, possession of a firearm after a former felony conviction, and possession of drug paraphernalia, all on Jan. 29.
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