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According to the probable cause statement filed by Saline County Prosecuting Attorney Donald G. Stouffer, McDonnough was taken into custody by Marshall police officers after a search of his residence revealed the presence of marijuana and drug-associated materials, including a scale and plastic bags normally associated with packaging of the drug for distribution.
The report says officers also found a substantial amount of currency concealed in a lamp and a rolled marijuana cigarette hidden in a fireplace mantle.
An anonymous phone call to the police department led officers to the parking lot of a restaurant located less than 1,000 feet from Southeast Elementary School. According to the incident report, the caller identified a car and an individual in the parking lot, later identified as McDonnough, as possibly involved in the sale of illegal drugs.
If convicted of the charges against him, McDonnough could be sentenced to 10 to 30 years or life in Missouri Department of Corrections.
Unofficial online court records indicate McDonnough pleaded guilty in June in Montgomery County to class A misdemeanor possession of marijuana and was sentenced to one year of supervised probation.
The report indicates other arrests resulting from the incident may be made.
Charges contained in reports provided by law enforcement officials are not evidence of guilt. Evidence supporting charges must be presented before a jury, whose duty is to determine if the accused is guilty or not guilty of the charges.
Contact Kathy Fairchild at marshallhealth@socket.net
Comments
sgates,
Too Funny!! Although they are probably playing WII
Come on, where's the potheads defending this guy. Put down the cheetos and playstation controller and post already!
Low,
A persistent felony offender is "one who has pleaded guilty to or has been found guilty of two or more felonies committed at different times." Section 558.016.3.
Yes.... I know first hand on a family member! Plus it has to be 3 convictions of the same offence of a misdemeanor then it becomes a felony... Don't get me wrong, anyone who deals or uses should be punished accordingly... I'm just saying how the prior persistent worked from they way the court dealt with my family member... And yes the court can agree to lesser charges in any case they want... Just because the RSMO says that the punishment carries 10 to 30 or without P&P doesn't mean that the prosecutor cant make other arrangements... each case is dealt with on an "indevigual" basses... well, thats what they told us!
granny08,
Okay I'll take that bet..
Low,
ya wanna bet on that???
Low,
My point exactly, A misdemeanor doesn't quite qualify for persistent status.
so_what,
I never said anything about locking him up for the rest of his life and your comment about killing him is way out of line! Don't attempt to put words in other peoples mouth. Your comment was "I don`t approve of that", then do tell us what you would like to see done?? Do you just want him to move a little farther down the street to sell his drugs? Rehab isn't for Drug Dealers and Certain people say that marijuana isn't addictive, so that doesn't qualify for rehab either.
If you want to play like the big dogs, then take your punishment when you get caught!
"persistent drug offender" does not include a charge for a different reason... even tho it is still a marijuana charge.. it was class A misdemeanor possession of marijuana.. it is a totally different charge all together from a class A felony distribution of a controlled substance near a school.
Gumby your right!! Let`s lock him away for the rest of his life, better yet, the death penalty. I understand he was selling marijuana by a school. I don`t approve of that, but if we locked everyone up for marijuana and threw aways the key you would be surprised how many people you know would be gone. I can also guarentee you would be complaining about footing the bill for all those prisoners.
Oh Happy Day!!!! Even more GOOD news for the lovely town of Marshall! We should all be so proud!
Whew! Thank god above he wasn't selling tobacco and alcohol!
Gumby, dear...did you read the story all the way through? He has a previous conviction just a few months ago. We will see what happens.
Wow, the staff is ready to jump on me if I mention anything about our Courts??? Can't even mention a judges name without getting it deleted
Now Kathy don't be so sure of yourself either, First you have to be a persistent drug dealer and second the Prosecuting Attorney can plea bargain it down to anything he wants to. Wanna bet this ends up a much lighter charge?? Probably a 120 callback wouldn't ya think??
Gumby, don't be quite so sure of yourself. Here's the statute under which the accused was charged. In particular, note paragraph 2.
Distribution of a controlled substance near schools, penalty.
195.214. 1. A person commits the offense of distribution of a controlled substance near schools if such person violates section 195.211 by unlawfully distributing or delivering any controlled substance to a person in or on, or within two thousand feet of, the real property comprising a public or private elementary or secondary school, public vocational school, or a public or private community college, college or university or on any school bus.
***2. Distribution of a controlled substance near schools is a class A felony which term shall be served without probation or parole if the court finds the defendant is a persistent drug offender.***
Saline County Circuit Court + Drugs + Dealing = Probation!