Randy Day
(PCSD file photo)
By Patti Weaver
(Stillwater, Okla.) — A Cushing man, who pleaded no contest to breaking into the Cushing Sports Complex and Cushman Cannabis dispensary, has been given two concurrent six-year prison terms as part of a plea agreement with the prosecution that was approved in court last month.
Randy Lee Day, 42, had been charged on Sept. 8, 2023, in the Cushman Cannabis burglary with his son, Presten Blayne Day, then 18 — against whom the case was dropped five days later by the prosecution in the interest of justice, court records show.
The marijuana dispensary had been burglarized by two individuals at about 3:24 am on July 22, 2023; the Cushing Police Department was notified about four minutes later by the alarm company, Cushing Police Detective Jerrod Livergood wrote in an affidavit.
The detective obtained a search warrant on Sept. 6, 2023, for the residence where the father and son were staying. “Multiple occupants advised that Randy sleeps on the couch and Presten sleeps on the bed in the living room,” according to the affidavit.
Two plastic drawers consistent with the ones missing from the Cushman Cannabis burglary were found in the residence, the affidavit alleged.
While Randy Day was in the Payne County Jail on $10,000 bail in that case, the detective interviewed him on Feb. 28, 2024, regarding the Jan. 13, 2023, burglary of the City of Cushing Sports Complex at which nothing was taken, according to another affidavit.
“I advised Day that I had located his DNA at the scene of a burglary at the Sports Complex concession stand where the suspect cut themselves and left blood at the scene. Day advised that he threw a piece of metal pipe through the window, crawled through there, looked around, then went out the door.
“Day said, ‘I was looking for food even though it’s beside the point because it’s still against the law.’ Day said since it was out of season, there was no food in there. Day advised that the cut was somewhere on his hands. Day said he didn’t take any property and was just looking for something to eat,” the detective alleged in the affidavit.
Due to his criminal record, Day could have been given as much as two life prison terms if convicted of the burglaries without having a plea bargain with the prosecution regarding his sentence.
According to court and prison records, Randy Day had previously been convicted of:
* concealing stolen property in Cushing in 2011 and given five years’ probation in 2012 with an order to pay $500 restitution to Arrow Pump and Supply, which had listed its loss as $20,152;
* child endangerment by drunk driving in Drumright in 2013, for which he was originally given five years’ probation in 2014 that was revoked three years later to a three-year prison term of which he served two years;
* child endangerment by drunk driving in Payne County in 2017, for which he was given in 2018 a six-year prison term concurrent to the above Creek County sentence and released in December of 2019;
* possession of the drug oxycodone in Cushing in 2016, for which he was given in 2018 a six-year prison term concurrent to both of his child endangerment sentences.
