Published: December 16, 2008 10:00 am         

Preliminary hearing held in stolen property case

Amanda Joann Horner appeared in Payne County District Court Monday for a preliminary hearing on five felony counts of knowingly concealing stolen property, one felony count of false declaration to a pawn, one felony count of possession of marijuana in the presence of a child under 12 years old and one felony count of possession of drug paraphernalia.

After hearing from witnesses, Judge Phillip Corley set a court date for the drug charges and continued the other cases.

According to an affidavit filed in Payne County District Court, Stillwater Police Department Officer Paul Priegel investigated a noise complaint in the 3100 block of South Main on Jan. 17. Priegel wrote when he contacted the residence, he was “immediately met by the strong odor of burnt marijuana.”

During testimony, he said the residence was smoky inside and he could see children from the doorway when Horner opened the door.

According to Priegel, Horner was in the residence along with Alonzo Rupp, three other adults, a 5-year-old male, a 2-year-old female and a 9-month-old male.

Priegel was granted a search warrant by Judge Bob Murphy and stated that during the search he found partially burnt cigarettes with a strong odor of marijuana, a packaged white rock substance in a twisted off corner baggy, a razor blade with a white powder residue and approximately .1 gram of an unidentified white powder.

Priegel found multiple other items that “suggested the materials found were being used in the distribution of cocaine and marijuana,” according to the affidavit.

During testimony, Priegel said a white grocery sack with “marijuana residue” was found in a bedroom next to a child who was sleeping.

Additionally, a white powder and two burnt roaches, later identified as marijuana, were found on a table in the living room, where a child was asleep on the floor, he said.

Horner told Priegel that Rupp lived in the apartment with her, he testified, but he was unable to find any evidence of Rupp residing there, and Rupp gave an alternate address.

Priegel stated OSBI confirmed the “white rock-like substance” found in Rupp’s residence to be cocaine and the “green leafy substance” to be marijuana.

Judge Corley said the state had shown probable cause a crime had been committed and set a court date of Dec. 19.

The court then heard testimony relating to Horner’s felony count of false declaration at a pawn shop.

The state contends Horner pawned a diamond pendant that was later identified as being stolen a few days prior by its alleged owner.

Horner had written on the pawn declaration ticket that she had owned the pendant for one year. The state contends it was stolen Oct. 7.

Royce Hobbs, Horner’s attorney, said a 17-year-old first attempted to pawn the diamond pendant in question. State law does not allow a minor to pawn items, so the defense contends Horner was only pawning the pendant for the minor.

The defense asked Payne County Sheriff Department Investigator Larry Kitchel to obtain video footage from the pawn shop to determine the sequence of events.

Judge Corley said the court would take the testimony under advisement and continue the matter.

Lastly, five victims and one witness provided testimony in relation to five felony counts of knowingly concealing stolen property against Horner.

Testimony on both sides got emotional, as one witness described a charm necklace he had purchased for his wife in recognition of the birth of the couple’s last child.

Witnesses described many items they said were stolen from their homes, including jewelry, game consoles, bedding, a plasma TV, guns and ammunition. According to testimony, none of the guns have been recovered, although the ammunition had been.

A witness who was a co-worker of Horner testified Horner said she “had some stolen stuff” she needed to get out of her home. The witness said Horner offered her a large screen TV and also stated she had an X-box and Play Station in her possession, although those two items were not offered. Horner was shaking her head throughout the testimony.

The court continued the hearing until Jan. 2.

Horner is being held at the Payne County Jail on $25,000 bond.

     

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