By: Patti Weaver
(Stillwater, Okla.) — A 28-year-old man avoided an Oct. 21 jury trial by pleading guilty Friday to trafficking methamphetamine at a Cushing house in the 700 block of E. Maple Street where he had been staying, court records show.
Rusty Wayne Clear, 28, of Mustang, accepted a plea agreement with the prosecution Friday for an eight-year prison term, with credit for the 14 months he has been in jail, plus $2,350 in assessments and an order to comply with the methamphetamine registry.
At the time of his July 31, 2018 arrest, Clear was staying at the Cushing home of Jeffery Paul Kay Jr., then 32, who is now deceased, court records show.
A year later, Kay, who had three methamphetamine trafficking charges, was found dead in a medical cell in the Payne County Jail on Sept. 13, 2019, after being arrested that morning when a search warrant for drugs was served at a shop building in rural Stillwater, authorities said.
Cushing Police Officer Kurt McKean had been sent at 2:09 a.m. on July 31, 2018, to Kay’s Cushing residence after a 911 call from Onstar from a driver, according to his affidavit.
“Dispatch advised the caller was reportedly having an anxiety attack and that there was another subject unresponsive on scene,” the affidavit said.
“Clear was asked by Sgt. Piatt whose vehicle he was in and he advised he did not know,” the affidavit said.
“When we made our way to the northwestern bedroom of the residence, we encountered a male lying on the bed. He awoke and advised he was fine,” the Cushing officer wrote in his affidavit.
Sgt. Matt Piatt asked Kay what was lying on the bed next to him before retrieving a medium-sized baggy with a large quantity of a crystal substance, the affidavit said.
“After EMS checked Kay and Clear and determined they were not going through a medical emergency, I placed them in handcuffs outside the residence where they remained with Sgt. Piatt,” according to the Cushing officer, who said the substance field-tested as methamphetamine.
The house was searched after the Cushing officer obtained a night-time warrant from the district judge at about 4 a.m., the affidavit said.
“Clear kept asking why we were searching the house and stated multiple times that all of the drugs were his,” the affidavit said.
“Kay told me he had not been to his residence in the past two days, and stated Clear had been staying there all week and moving his belongings into the house,” the Cushing officer wrote in his affidavit.
“Clear stated everything was his. Clear advised he went into the room where Kay was asleep to get the Camaro keys and accidentally dropped the baggy of meth and the glass pipe on the bed while Kay was sleeping,” the affidavit said.
“I then asked Clear if the large quantity of methamphetamine was for personal use. Clear stated yes. I then asked if he sold it. Clear replied by shrugging his shoulders and stating ‘it is what it is.’ After Clear said that, I asked about the cash on the bed and he advised it was all his,” the Cushing officer wrote in his affidavit.
At the time of his death last month, Kay, who was on probation from Wyoming for drug possession in 2017, had two methamphetamine trafficking charges in Payne County and another one in Tulsa County, all filed in 2018, court records show.
If Clear had been convicted by a Payne County jury of methamphetamine trafficking, he could have been given as much as a life prison term, court records show.