By Mike McCormick Staff Writer A bench warrant has been issued for the arrest of a Chandler woman who failed to make her court appearance and an arraignment has been scheduled for a man facing the same charges. Formal charges were filed in Lincoln County District Court on March 15 this year against Herbert Lee Gaines, Jr., 58, and Rachelle Dawn Bannister, 45.
Bannister, scheduled for her pre-preliminary hearing on Aug. 15, failed to show up for court. Special Judge Emily Mueller issued a $25,000 bench warrant for her arrest.
Each was 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.
They appeared before Associate District Judge Sheila Kirk on March 13 and she set their bonds at $5,000 each.
Gaines has waived a preliminary hearing and his arraignment is set for 9 a.m. Sep. 10.
Supplemental information filed byAssistant DistrictAttorney Rachel Thompson shows that Gaines was convicted on March4,2014inLincoln 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 authoredandwasgranted 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.