(Stillwater, Okla.) – A Cushing man on 15 years’ probation for possession of methamphetamine with intent to distribute has been ordered to appear in court on Nov. 2 on charges of possessing marijuana as a second offense and assault with a dangerous weapon, both in Cushing.
David Jesse Baxter, 29, who remains free on personal recognizance bonds, could be incarcerated for 20 years if convicted of both felonies.
In his latest case, officers were sent to his residence shortly before 7 p.m. on Sept. 10 on a report of narcotic activity, Cushing Police Officer Matt Piatt wrote in an affidavit.
“David Baxter answered the front door and I explained that we were informed that they were smoking marijuana in the residence,” which he denied, the Cushing officer wrote in his affidavit.
With Baxter’s consent, the Cushing officer searched the residence where he found an ashtray full of a substance that tested as marijuana and a digital scale in a kitchen cabinet, which Baxter said he was not aware of, the affidavit alleged.
“Before leaving, I asked David why he gave me consent to search his house when he had marijuana in his residence. David stated he forgot it was there,” the officer alleged in his affidavit.
In a written statement, Baxter later said, “They found in the bedroom some what supposedly was weed that I had found left in the house prior to the police showing up and I just didn’t have time to throw it away along with the other trash,” the affidavit alleged.
Four days later, the officer returned to the residence to serve an arrest warrant on Savannah Hilbert, 31, regarding a misdemeanor driving under suspension charge, the affidavit said.
“As I was standing at the front door, I could smell an overwhelming odor of cologne and carpet-fresh powder. I could also smell a faint odor of what I believed to be burning marijuana emitting from the residence,” the officer alleged in his affidavit.
“After security the arrestee, Hilbert, I explained to Baxter that I believed they were smoking marijuana in the residence. I asked Baxter if he would again grant me a consent to search and he stated there was nothing in the residence,” the officer wrote in his affidavit.
Baxter has also been charged with assault with a dangerous weapon stemming from an alleged incident that was originally filed last year as a misdemeanor, but upgraded to a felony last week.
In that case, Cushing Police Officer Bill McCarty spoke to a man on July 25, 2014, who said that Baxter pushed him, swung his arm and struck him in the head with an air assault BB pistol, an affidavit alleged.
According to court records, four years ago Baxter was charged with three co-defendants including Hilbert with possession of substances with intent to manufacture methamphetamine and possession of the drug with intent to distribute to which he pleaded guilty.
Baxter was placed on 15 years’ probation in 2011 with an order to enroll in and successfully complete the Payne County Drug Court program from which he was terminated about a year later. Hilbert was given a 10-year prison term, the balance of which the judge said would be suspended on her successful completion of a treatment program, which she apparently did nine months later.
Baxter had also been charged in 2008 with possession of methamphetamine with intent to distribute for which he was originally given a five-year deferred sentence — that was changed a year later to a five-year suspended sentence. About 18 months later, he was found to have violated his probation for which he was given a 90-day jail term, court records show. Baxter has been ordered to appear in court in that case on Nov. 24 on a bench warrant.
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