(Stillwater, Okla.) – A Drumright man who was arrested for drug possession in the Cushing Walmart last year was given a two-year prison term Friday to run concurrently to a five-year prison term he received in the Drumright division of Creek County District Court for theft from a house, bail jumping and actual physical control of a vehicle while under the influence of alcohol.
Robert Osburn, 24, who has been imprisoned on his Creek County cases since August, was sentenced on his Payne County charges of possession of methamphetamine, marijuana and drug paraphernalia, in accordance with a plea bargain approved in court Friday by Associate District Judge Stephen Kistler.
Osburn was arrested at the Cushing Walmart at 10:36 p.m. on Jan. 22, 2013, by Cushing Police Officer Carson Watts, court records show.
A Walmart employee said she was working at the service desk at about 9 p.m. when Osburn “was changing in some coins at the Coin Star Machine,” Watts wrote in an affidavit.
She said Osburn “then came up to the desk where three females were standing, laid his cell phone, keys and a pack of cigarettes on the counter and began talking to the females,” the affidavit said.
When Osburn completed his transactions, he left the area with the items on the desk — which she later noticed while sweeping the area, the affidavit said.
The employee said “she then took the items to place them in the desk drawer, but before placing them in the desk, she looked inside the cigarette package and noticed a glass pipe,” the affidavit said. Police were called after she contacted her supervisor, the affidavit said.
The Cushing officer wrote in his affidavit “I looked inside the cigarette package and I saw what appeared to be a glass smoking pipe with black burnt residue inside and two plastic baggies containing a white powdery substance,” that tested positive for methamphetamine.
While the officer was speaking to the employee, Osburn approached the Walmart service desk and asked about exchanging some items, the affidavit said.
“I asked Robert (Osburn) if he was missing any items and he told me that he did not believe so. I showed Robert the key ring and cell phone and Robert said, ‘Oh, yeah, that is mine.’
“I then showed Robert the cigarette package and asked him if it belonged to him and at first he denied ownership,” until he was told there were video cameras of the service desk area, the Cushing officer wrote in his affidavit.
“I asked Robert what was inside the plastic baggies, and he told me methamphetamine,” the Cushing officer said.
“Robert told me that he had got the cigarette package with the methamphetamine as payment from another man for some speakers. Robert told me that he was going to hold onto the narcotics to possibly use as payment on other things in the future or to use himself for a ‘rainy day,’” the officer wrote in his affidavit.
“I then watched the video surveillance footage which shows Robert laying all the items on the counter while speaking with the females, then walking away and leaving the items on the desk,” the officer wrote in his affidavit.
“While conducting a custodial search of Robert, I also found a clear plastic baggy containing a green leafy substance. I asked Robert what was inside the baggy and he told me ‘spice and weed mixed,’” that tested positive for marijuana, the officer wrote in his affidavit.
In August, Osburn was given a three-year prison term for theft from a house in Drumright in 2012, followed by a one year term for actual physical control of a vehicle under the influence of alcohol, and another one year term for bail jumping, both in 2013 in Drumright, state Department of Corrections records show.