(Stillwater, Okla.) — A Cushing man who admitted breaking into Mac’s Jewelry in downtown Cushing on the day before Valentine’s Day was ordered to pay $25,864 restitution and to serve six months in jail Friday by District Judge Phillip Corley.
On his release, Justin Allen Kelley, 30, will be on probation for four and one-half years. He must also pay a $100 fine for the store’s break-in.
His co-defendant, Martin A. Marquez, 34, of Cushing, was given a 60-day jail term in April when he pleaded guilty to a reduced charge of accessory after the fact, court records show.
They were arrested after Cushing Police Officers Matthew Piatt and Justin Sappington — while checking downtown businesses on routine patrol about 1 a.m. Feb. 13 — noticed a broken glass front door to Mac’s Jewelry and Goldsmith, Cushing Police Detective Adam Harp wrote in an affidavit.
Several glass cases containing jewelry had been broken and gone through, the affidavit said. When the owner, Kenneth Alcorn, later arrived, he confirmed that jewelry, rings, necklaces and money were missing from glass cases in the store, the affidavit said.
Officer Piatt had noticed what appeared to be fresh shoeprints in the snow that led from the Cimarron Tower Apartments, located next door to Mac’s Jewelry and Goldsmith, the affidavit said.
About seven and one-half hours later at 8:40 a.m., Cushing police were called by the Cimarron Tower Apartments manager, who reported that a janitor had located several rings and jewelry boxes believed to be from the store in a trash can in the first-floor men’s restroom, the affidavit said.
“Officers located the jewelry boxes and the rings and also noticed a dried reddish-brown substance believed to be blood on the countertop, floor, jewelry boxes and paper towels inside the men’s bathroom and trash can,” the affidavit said.
When police reviewed the security footage from the Cimarron Tower Apartments, they noticed that at about 12:19 a.m., two unknown persons believed to be males, dressed in dark clothing covering their heads with hoodies — with one carrying a black backpack — went into the apartments from the rear and into an elevator, the affidavit said.
Shortly thereafter, the same two got off the elevator and left the apartment building through the front door at 12:47 a.m., the affidavit said.
A minute later, both came back into the apartment building and ran down the hall into the men’s restroom, the affidavit said. Three minutes later, both left the restroom and got back on the elevator, the affidavit said.
The apartment manager said that she believed the two were possibly visiting a man who lives there, the affidavit said.
When police interviewed the man, he said that Kelly and another man he knew only as Martin came over about 1 a.m. for five minutes, left and returned about 10 minutes later, the affidavit said.
Kelley and Marquez were located in Cushing at a house in the 900 block of E. Second Street, the affidavit said. Kelley was arrested on an outstanding Payne County warrant, and Marquez was taken in for questioning, the affidavit said.
Inside the front doorway of the house where the two were located, the detective noticed what looked like dried blood on the floor and on an end table in the living room, the affidavit said.
The detective recovered some jewelry and jewelry boxes, believed to have come from Mac’s Jewelry and Goldsmith, from a nightstand next to the bed in a bedroom, the affidavit said.
The owner of Mac’s Jewelry “was able to identify the jewelry and jewelry boxes as belonging to him,” the affidavit said.
Questioned at the Cushing Police Department, “Justin said that yesterday that he went to the Perkins Casino and then he went partying at a friend’s house between Cushing and Stillwater,” at about 12:45 a.m., the affidavit said.
After initially denying any involvement in the Mac’s burlgary, “Justin then admitted that he was drunk last night and drank a gallon of Kentucky Deluxe and that he smashed the window and grabbed the jewelry from the cases,” the affidavit said.
“Justin said that he used a hammer to break the glass and when asked about the hammer, he said that he got rid of it, but does not remember where,” the affidavit said.
“Justin said that after he grabbed the items that he ran back to the Cimarron Tower Apartments and went into the men’s bathroom and took all the jewelry from the display cases and put the jewelry in his pocket,” the affidavit said.
“Justin said that he waited until the police left and walked to the address on Second Street, When asked about Martin’s involvement, he would not tell us if he was involved in the burglary,” the affidavit said.
“I asked Justin if the property that was recovered from the house on Second Street was all the property and he said no,” the detective wrote in his affidavit.
“Justin said that he was wearing a ring and necklace and took it off and dropped it when he was hiding from us in the closet on Second Street and agreed to take us over to the house to retrieve the necklace and ring, which we did,” the detective wrote in his affidavit.
“I also seized a pair of brown-colored boots that Justin said that he was wearing when he committed the burglary,” the detective wrote in his affidavit.
Kelley has a history of misdemeanor charges of shoplifting — a quart bottle of beer from Maveric Mini Mart on Cherry Street in Cushing on Jan. 3, a package of precooked ribs from Escott’s grocery in Cushing on Dec. 20, 2010, and a pack of instant cold compress from a Dollar General Store in Cushing on Nov. 11, 2010.
Kelley was charged with domestic abuse in Ripley in 2006, to which he pleaded guilty and was given a one-year suspended sentence, court records show.
Kelley was also charged in 2006 with punching a man in Ripley who received a fractured jaw for which Kelley was ordered to pay $4,168 restitution, court records show.
Kelley still owes $2,799 restitution and $2,297 in court costs in that case, court records show.
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