(Stillwater, Okla.) — A Drumright man was arrested Monday for failing to appear in Payne County District Court on charges of breaking into a Stillwater man’s car south of Oklahoma State University and concealing stolen identification including a Perkins woman’s medical insurance card, as well as possessing marijuana, all on Jan. 28 in Stillwater.
Nicholas Allen McCarty, 21, who was already on probation for assault and battery with a dangerous weapon in Drumright in 2014, was arraigned Monday from the Payne County Jail where he is being held on $7,500 bail pending a July 6 court appearance when he can seek a preliminary hearing on his felony charges.
McCarty was originally arrested on the strip south of the OSU campus shortly after 7 p.m. on Jan. 28, Stillwater Police Officer Matt Smittle wrote in an affidavit.
McCarty was a passenger in the back of a van parked next to a vehicle from which a blue and white plaid jacket, car keys, brown gloves and a small orange flashlight were taken, the affidavit alleged.
Within arm’s reach of McCarty in the van, Stillwater Police Officer William Cluck saw a jacket matching the description that the victim gave, the affiadvit alleged.
“All occupants of the vehicle were asked to step out of the vehicle. The victim’s jacket was given back to him, and his car keys were located inside the jacket,” the affidavit alleged. In the back of the van, brown gloves from the vehicle’s vehicle were found, the affidavit alleged.
When McCarty was searched, an orange flashlight was found in his pocket, the affidavit alleged.
McCarty also had a prescription bottle containing marijuana and a different medication than listed on the bottle, the affidavit alleged.
“Once McCarty was in the city jail, the detention officer located three other forms of identification from another person in McCarty’s wallet,” the affidavit alleged. The identification belonged to a Perkins woman who had reported the theft on Jan. 5 to Stillwater police, the affidavit alleged.
“McCarty confessed to getting in the victim’s vehicle and taking his items,” the affidavit alleged.
After being held in the Payne County Jail for two and one-half months, McCarty was released on a personal recognizance bond pending a May 15 court appearance that McCarty failed to make, court records show. A bench warrant was then issued for his arrest.
According to court records, three and one-half months before the Stillwater incident, McCarty had been placed on five years’ probation for assault and battery with a dangerous weapon in Drumright in 2014, with an order to pay $1,000 in fines and assessments, court records show.
In February of 2014, McCarty had been placed on probation for one year under a deferred sentence, with an order to pay $650, for falsely reporting a crime in Drumright, court records show.
Three months before that in Creek County, McCarty had been placed on six months’ probation with an order to pay $350 for petty larceny in Drumright, court records show.
If convicted of his charges in Payne County, McCarty could be incarcerated for 13 years and fined $1,500 due to his criminal record, court records show.
***
