(Stillwater, Okla.) — A Cushing man — who was arrested as he was loading his belongings into a U-haul truck — was placed on five years’ probation Friday with conditions including random drug testing on two separate charges of possessing methamphetamine.
Andrew John Wayne Burr, 31 — who had told a Cushing police officer that he “needs help and is trying to quit meth” — was ordered to continue substance abuse counseling and follow all of the treatment recommendations in a background report for the court.
Burr was given a 90-day jail term with credit for time served and also ordered Friday to comply with the Oklahoma Methamphetamine Registry, along with performing 100 hours of community service within a year.
Burr also was ordered to pay $3,100 in fines and assessments as well as the cost of his incarceration, by Associate District Judge Stephen Kistler.
Burr had been arrested at 11:37 p.m. on Dec. 3, 2013, outside his residence when Cushing Police Chief Tully Folden saw him loading his belongings into a U-haul truck parked in the driveway, an affidavit said.
The Cushing police chief knew that Burr had an outstanding warrant for his arrest from another methamphetamine charge, as well as bench warrants on two misdemeanor charges, records show.
“Once handcuffed, I asked Burr if he had anything on his person that would poke or strick me during the custodial search,” the Cushing police chief wrote in his affidavit.
“Burr hung his head and said that he had meth and a syringe in his pocket,” the affidavit said. In Burr’s pants pockets, the chief found baggies containing methamphetamine and drug paraphernalia, the affidavit said.
A month before that arrest, Burr was charged with methamphetamine and drug paraphernalia possession after two officers were sent on Nov. 5 on a domestic abuse investigation to his residence, located a block from Cushing Memorial Park, court records show.
A woman living there “told me that prior to our arrival Burr put meth and syringes in his pockets,” Cushing Police Sgt. Adam Harp wrote in an affidavit.
“I asked Burr if he had any illegal narcotics or syringes on his person and he said no. I asked Burr if I could search his person and he had no response.
“Burr then put his hands in his pockets and retrieved five syringes and a total of seven different sizes of plastic baggies that contained a white powdery substance residue,” Harp wrote in his affidavit.
Burr said that before the officers arrived, he found the syringes and baggies in a cabinet in the couple’s bedroom, the affidavit said.
Burr said he took them and put the items in his pocket because he did not want the woman’s six-month-old infant finding the items, the affidavit said.
“Burr also said that prior to our arrival that he flushed some drugs believed to be meth down the toilet because he knew that the police were going to respond due to the domestic abuse incident,” the affidavit said.
“I asked Burr when the last time that he used meth and he said about two days ago. Burr said that he needs help and is trying to quit using meth,” Harp wrote in his affidavit.
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