McGaughey v. State
| Decision Date | 09 November 2001 |
| Docket Number | No. F-2000-595.,F-2000-595. |
| Parties | William McGAUGHEY, Appellant, v. STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Francis R. Courbouis, Oklahoma City, OK, Attorney for Defendant.
Brett T. Burns, Assistant District Attorney, Chicaksha, OK, Attorney for the State.
Francis R. Courbois, Oklahoma City, OK, Attorney for Appellant.
W.A. Drew Edmondson, Attorney General of Oklahoma, Jennifer Blakeney Welch, Assistant Attorney General, Oklahoma City, OK, Attorneys for Appellee.
¶ 1 William McGaughey is appealing two separate but similar cases. In Grady County Case No. CF-96-19, McGaughey was tried by the court, the Honorable James R. Winchester, and convicted of Trafficking in Illegal Drugs, under 63 O.S.Supp.1995, § 2-415 (Count I); Failure to Affix a Drug Tax Stamp, under 68 O.S.1991, § 450.8 (Count II); Unlawful Possession of Drug Paraphernalia, under 63 O.S.1991, § 2-405(B) (Count III); and Transporting a Loaded Firearm, under 21 O.S.Supp.1995, § 1289.13 (Count V).1 McGaughey was sentenced to 25 years imprisonment on Count I, 1 year imprisonment on Count II, 1 year imprisonment on Count III, and 6 months imprisonment on Count V, to be served concurrently with each other.
¶ 2 In the second case, Grady County Case No. CF-96-311, McGaughey was tried by the court, the Honorable James R. Winchester, and convicted of Possession of a Controlled Dangerous Substance With Intent to Distribute, under 63 O.S.Supp.1995, § 2-401(B)(1) (Count I); Failure to Affix a Tax Stamp, under 68 O.S.1991, § 450.8 (Count II); and Eluding a Police Officer, under 21 O.S.1991, § 540A (Count III). McGaughey was sentenced to 5 years imprisonment on Count I, 1 year imprisonment on Count II, and 6 months imprisonment on Count III, to be served concurrently with each other but consecutive with the sentences from Case CF-96-19.
¶ 3 At approximately 9:00 p.m. on January 23, 1996, Highway Patrol Trooper Tim Kimrey was traveling north on the H.E. Bailey Turnpike, when William Alfred McGaughey passed him in his truck, going south. Kimrey testified that he was going between 50 and 60 m.p.h. and that he recalls that McGaughey was not speeding, because he checked his speed with radar.2 When Officer Kimrey looked in his rearview mirror after McGaughey passed him, it appeared to Kimrey that the taillights on the back of McGaughey's truck were not working. Kimrey then crossed the median, turned around, caught up to the truck, and turned on his lights to stop it.
¶ 4 Kimrey testified that McGaughey was driving a maroon 1989 GMC Extended Cab Pickup, which had a "Tommy Lift" on the back. He explained that a Tommy Lift is a type of tailgate that can be put on a vehicle after purchase. Kimrey testified that "once [he] had stopped the vehicle," he could see that the truck had a Tommy Lift on it and that "there were some covers with little slits in them," or "louvers" over the taillights.
¶ 5 Initially Officer Kimrey testified that "I could not tell until after I got him stopped and got out of the car and looked and saw what the problem was, whether he had tail lights or not," because the taillights were partially obscured by the Tommy Lift tailgate and the louvers. Kimrey acknowledged, however, that after he got out of his car, and before he approached McGaughey, he realized that McGaughey's taillights were working. Kimrey later admitted, on cross-examination, that he could see that at least one taillight was working when McGaughey started to pull over onto the shoulder.3
¶ 6 The defense put on evidence that McGaughey's truck had a valid safety inspection sticker on the night it was stopped and that it passed a subsequent safety inspection, with no alteration of the Tommy Lift or the taillights. The defense also put on evidence that McGaughey was never given a ticket for defective taillights and that he continued to drive the truck after the stop.4
¶ 7 After McGaughey stopped, Kimrey asked him to step out of the truck, and McGaughey came to the back of his truck. Kimrey told McGaughey that he had stopped him because he "couldn't see if he had any tail lights or not." Kimrey testified that McGaughey said that "ever since they put that tailgate on . . . those lights [have] been that way."5 Kimrey then asked McGaughey for his driver's license, which was provided. Kimrey testified that he told McGaughey that he was "going to write him a warning for his taillights because you couldn't see them." He did not, however, actually write McGaughey a ticket or a warning.
¶ 8 Kimrey then walked to the passenger's side door and shined his flashlight across the windshield to check the truck's inspection sticker. After checking the inspection sticker, Kimrey had started walking back to the rear of the truck when he observed a pistol in the driver's side door pouch.6 Kimrey asked McGaughey if it was his and if it was loaded; McGaughey responded "yes" to both questions. Kimrey asked if there were any other weapons or contraband or narcotics in the vehicle, to which McGaughey responded "no." Kimrey testified that he then asked if McGaughey would mind if he searched his truck, to which McGaughey responded "go ahead."7
¶ 9 Kimrey then removed the gun from the door panel, which was a fully loaded Ruger semi-automatic .9 mm pistol, unloaded it, and searched the truck. In the middle console between the two front seats, Kimrey found three bags of an off-white powder, subsequently determined to be amphetamine. Kimrey then got out of the truck, read McGaughey his rights, and placed him under arrest. When Kimrey patted McGaughey down, he discovered a large wallet with a chain, which contained over $6000 in cash.
¶ 10 After obtaining back-up help, Kimrey conducted an inventory search of the truck. Under the driver's seat he found a green military decontamination container that held plastic baggies of an off-white powder, subsequently determined to be amphetamine.8 He also found a blue money bag on the floorboard in front of the console, which contained $16,600 in cash and a set of digital scales. Kimrey found additional small baggies of amphetamine behind the right rear passenger's seat. The nine baggies of amphetamine found in the truck totaled 24.9 grams.
¶ 11 McGaughey filed a motion to suppress the evidence found in his truck, challenging the stop of his truck for the alleged taillight violation and the subsequent searches and discovery of evidence. After a bench trial Judge Winchester denied the motion, finding that "the trooper had a right to make an investigatory stop to check the mechanical safety of Defendant's vehicle."9
¶ 12 Late in the evening on December 26, 1996, Officer Marlin Keys of the Ninnekah Police Department was on routine patrol, accompanied by Officer Shannon Ryans, when he observed a black 1985 Corvette pull out in front of him and go up onto the top of a center barrier median near the intersection of Highways 81 and 277. Keys then observed the Corvette make a left turn onto Highway 81 and pull over on the right side of the road. Keys testified that the Corvette hesitated when they passed it and that he decided to stop the driver because he thought from his actions that something could be wrong or he might be intoxicated. After they stopped the Corvette, the officers got out and approached the car, with Keys on the driver's side and Ryans on the passenger side.
¶ 13 When they reached the car, Keys asked the driver, William McGaughey, for his driver's license, proof of insurance, and if he was all right.10 McGaughey handed him the license and insurance form and made a comment about thinking the officers were Robert Jolley, another officer in Ninnekah. Keys then went back to his car to check the validity of McGaughey's license and whether there were any warrants for his arrest. After determining that his license was valid and that there were no warrants for his arrest, Keys went back and asked McGaughey if he had been drinking or taking any drugs, to which he responded "hell no." Keys then asked McGaughey to step out of his car to take a field sobriety test. At that point McGaughey said "hell no" again and sped off. The officers ran back to their car, and the chase was on.
¶ 14 They radioed their dispatcher that they were in pursuit of a vehicle, and other officers from the area prepared to assist. Keys chased the Corvette at speeds up to 90 and 100 miles per hour. After about three miles they lost the Corvette near the town of Norge. Within approximately ten minutes, however, Officer Powell of the Chickasha Police Department, who had been monitoring the pursuit, radioed that he had found the Corvette (with identical license plate) parked outside a residence in Norge, with no one inside. The doors to the car were closed, but the driver's side window was open. Officer Powell and Grady County Deputy Keith Cleghorn were there when Keys and Ryans arrived.
¶ 15 The Corvette was parked on the east side of the residence of Lorraine McHugh. When the officers knocked on her door and asked if she knew whose vehicle was parked next to her house, she denied knowing whose car it was. The officers obtained permission to search McHugh's home for the driver, but they did not find McGaughey inside. The officers also searched the area but were unable to find McGaughey, even when they searched the house a second time.
¶ 16 Keys testified that although he shined his flashlight into the Corvette and observed a red duffel bag, which was open and had several visible syringes in it, he did not search the car at that time. Officer Powell testified that he reached through the open window and removed a wallet to see if it contained identification. When Powell opened the wallet and saw a substantial amount of cash inside, he closed it up and threw it back in the car. According to the officers who testified at trial, this was the only search of the...
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