A Chandler woman facing a felony and two misdemeanors has waived her preliminary hearing, pleaded guilty and been sentenced. A Chandler man facing the same charges, who has pleaded innocent, has waived a jury trial and asked for a bench trial.
Formal charges were filed in Lincoln County District Court on March 15, 2024 against Herbert Lee Gaines, Jr., 58, and Rachelle Dawn Bannister, 45.
Appearing before Special Judge Emily Mueller, Bannister waived her preliminary hearing. As the result of a plea agreement, she entered a guilty plea. The plea was received. The defendant waived the two-judge rule and jurisdictional limitations.
The court found Bannister guilty as charged and sentenced her to 10 years in the Department of Corrections with all but the first three years suspended.
Both the state and Bannister waived a pre-sentence investigation. Judge Mueller also fined her $100 on each count, $100 VCA, pay 991C fees and the judge placed her on probation with DOC.
She was ordered to report to Probation and the Court Clerk’s Office within 180 days of her release.
Assistant District Attorneys Rachel Thompson and Kelly Trimble prosecuted the case for the state and Bannister was represented by attorney Kimberly Miller.
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 Judge John Canavan 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 by Assistant District Attorney Rachel Thompson shows that Gaines was convicted on March 4, 2014 in Lincoln County District Court of Distribution of CDS, a felony.
Information filed by Thompson on Bannister shows she has been convicted of at least six felonies.
On March 21, 2007 in Payne County District Court, Bannister was convicted of possession of CDS with the intent to distribute, a felony, possession of firearm while committing a felony, and two counts of robbery with a dangerous weapon, both felonies.
On Jan. 23, 2012 in Payne County District Court, Bannister was convicted of unlawful use of a police scanner, a felony, and possession of CDS with intent to distribute, a felony.
In a probable cause affidavit filed by a Lincoln County Sheriff Investigator he states 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.
While checking a shed, 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 took several photographs of what he found.
He located a handgun and various amounts of different kinds of ammunition for handguns, shotguns and rifles.
Also located on the property were smoking devices, digital scales, Ziploc baggies containing crystallite substances.
Both Bannister and Gaines were later transported to the Lincoln County Sheriff’s Office and booked on charges.