October 11, 2013

DA drops charges against Seebeck

The Express-Star


The Grady County District Attorney’s Office declined to pursue the drug charges and one firearms charge against Chickasha resident Garrett Seebeck Oct. 9.

“It (the case) was declined based on the best interest of justice,” said Grady County Assistant District Attorney Leah Edwards.

Sheriff’s deputies arrested Seebeck at his home after serving him with a warrant for failure to pay court costs. He was released from the Grady County Jail, Oct. 9.

Grady County Sheriff Jim Weir couldn’t be reached for comment because he was attending the Council on Law Enforcement Education Training.

“He wasn’t going to be charged with a firearms charge because he’s not a convicted felon and he’s within his legal right to have a firearm in his home,” said Scott Tack, Seebeck’s attorney. “There is nothing illegal about that.”

He also said Seebeck was not read his Miranda Rights by Grady County Sheriff’s deputies, therefore they were not legally permitted to search his home.

“As a defense attorney, it appears there were problems with the consent that was gotten which rendered the search improper,” Tack said. “If they were going to ask him about the gun that was in the house, whether he had illegal substances in the house or anything of that nature, it’s required that a person be given their Miranda Warnings, and anything a person tells you without having been Mirandized is not later admissible.”

Tack said Seebeck completed the requirements laid out to him by a judge for previous offenses, so any former felony on his record was dismissed because of Seebeck’s completion of drug court.

The sheriff’s deputy originally accused Seebeck of possession of a firearm after a former felony conviction; possession of CDS within 2,000 feet of a school, possession of paraphernalia, possession of CDS with intent to distribute and possession of marijuana.

“Just like the government to stick it to the poor, white man,” Seebeck told deputies when he was arrested. “I’m not mad at y’all, I’m just mad at the system.