Meth possession nets probation

Wednesday, May 18, 2016
Joshua James O'Neil

McCOOK, Neb. -- A McCook man who walked onto the scene of a law enforcement raid in September and ended up under arrest on a felony drug charge was sentenced to probation last week in Red Willow County District Court.

The man, 42-year-old Joshua James O'Neil of 703 East 5th Street, was convicted on a Class IV felony for possession of methamphetamine and sentenced to 30 months probation.

According to the incident report, O'Neil was driving a silver Ford Mustang and pulled up in front of 1104 East A Street in McCook while law enforcement officers were executing a search warrant on the residence. A Nebraska State Patrol officer stopped O'Neil as he walked up to the residence and subsequently arrested him after a small plastic baggie containing methamphetamine was found on him.

Arresting officers sought additional charges for possession of a deadly weapon by a convicted felon and possession of an open alcohol container, which were not pursued. The weapons charge stemmed from a wooden club found under the driver's seat of the Mustang and the alcohol charge stemmed from an open beer can in the vehicle, according to court documents.

O'Neil subsequently filed a motion to suppress evidence stemming from the search of the vehicle and his person, arguing he was detained by officers without articulable suspicion for detainment or justification. He subsequently accepted a plea agreement withdrawing the motion in exchange for a probation recommendation at sentencing.