A Chandler man, scheduled for a bench trial, has opted instead to enter guilty pleas to the charges he was facing and has drawn some prison time.
Formal charges were filed in Lincoln County District Court on March 15, 2024 against Herbert Lee Gaines, Jr., 58, and Rachelle Dawn Bannister, 45.
Gaines was charged with possession of firearms after felony conviction, a felony and possession of Controlled Dangerous Substance and unlawful possession of paraphernalia.
Bannister was facing the same charges and earlier entered guilty pleasandalsodrewsome prison time.
Appearing recently before District Judge Sarah Bridge, Gaines, as the result of a plea bargain and upon the state’s recommendation entered guilty pleas. The pleas were received by the court.
ThejudgefoundGaines guilty as charged and on Count 1 she sentenced him to years in the Department of Corrections with all time suspended except the first three years, $100 fine, $100 VCA and court costs.
On Count 2, she handed him one year in the county ail, $100 fine, $100 VCA and court costs; and Count 3 she gave him one year in the county jail, $100 fine, $100 VCA and court costs with the sentences to run concurrent with each other, pay 991 fees and forfeit all firearms.
The judge placed Gaines on supervised probation with DOC and ordered him to report to the Probation Office and Court Clerk’s Office within 10 days of his release.
Assistant District Attorneys Rachel Thompson and Kelly Trimble prosecuted the case for the state and Gaines’ defense attorney was Alan Grubb.
Bannister and Gaines each were charged with possession of firearm after former felony conviction, a felony, and two misdemeanors each, possession of Controlled Dangerous Substance and unlawful possession of drug paraphernalia following their arrest by Lincoln County deputies.
Gaines waived a preliminary hearing and during his arraignment pleaded innocent. District JudgeJohnCanavan received the plea and set the cause for disposition at 9 a.m. on Dec. 3.
Appearing before District Judge Sarah Bridge for a dispositional hearing in December, Gaines waived a jury trial and speedy trial and requested a bench trial. Judge Bridge set that for 9 a.m. on March 10, 2025.
Supplemental information filed byAssistant DistrictAttorney Rachel Thompson shows that Gaines was convicted on March4,2014inLincoln County District Court of Distribution of CDS, a felony.
In a probable cause affidavit filed by a Lincoln County Sheriff Investigator he stated he was contacted around 1 p.m. on March 12 this year by Probation Supervisor Melissa Johnson of Oklahoma Court Services regarding a probation mandated residence compliance check at 1101 S. Allison Avenue, Chandler for probationer Rachelle Bannister.
Johnson informed the investigator that upon the initial check of the residence she located multiple containers of marijuana inside the residence along with ammunition and paraphernalia.
Whilecheckingashed, she further advised the deputy, she located a male subject who confronted her via a camera speaker asking her why she was checking the property. The subject identified himself as a resident of the property who was Gaines.
Johnson told him she asked Gaines to open the shed and he agreed and forced entry since he had no key. The probation supervisor discovered a firearm in the shed.
Based on the prior history of Gaines and Bannister, the investigator authored and was granted a search warrant for the property and he tookseveralphotographs of what he found. He located ahandgunandvarious amounts of different kinds of ammunition for handguns, shotguns and rifles.