DUBOIS – Four of the six suspects arrested earlier this week for selling drugs appeared before Magisterial District Judge Patrick Ford for preliminary hearings today during Centralized Court.
David August, 36, and Thomas Kiehlmeier, 27, both of DuBois, Joshua Orcutt, 29, of Grampian and Stephanie Gilbert, 39, of Curwensville have been charged as part of Operation Wrong Choice. August, Kiehlmeier and Orcutt waived all charges to court. Ford continued the preliminary hearing for Gilbert until 10 a.m. Oct. 18.
In his first case, August has been charged with manufacture, delivery or possession with intent to manufacture or deliver; intentional possession of a controlled substance by person not registered; and criminal use of a communication facility. In his second case, he’s been charged with manufacture, delivery or possession with intent to manufacture or deliver; intentional possession of a controlled substance by person not registered; criminal use of a communication facility; and driving while license suspended/revoked. In his third case, August has been charged with criminal attempt/manufacture, delivery or possession with intent to manufacture or deliver; criminal use of a communication facility; and driving while license suspended/revoked.
In two cases, Kiehlmeier has been charged with manufacture, delivery or possession with intent to manufacture or deliver; intentional possession of a controlled substance by person not registered; and criminal use of a communication facility. Orcutt has been charged with manufacture, delivery or possession with intent to manufacture or deliver; intentional possession of a controlled substance by person not registered; and criminal use of a communication facility. Gilbert has been charged with conspiracy/manufacture, delivery or possession with intent to manufacture or deliver.
According to the affidavits of probable cause, on July 18, 2012, a Confidential Informant told an agent from the Attorney General’s Office that they could purchase marijuana from Kiehlmeier. The agent planned to purchase one-eighth of an ounce of marijuana for $50. During a briefing for the undercover purchase, the CI received a text message from Kiehlmeier, who asked if they still wanted the marijuana.
The CI called Kiehlmeier, saying they still wanted the marijuana and would meet him in front of Coyote Joes. Kiehlmeier told the CI that he would meet them there in five minutes. The agent and CI traveled to Coyote Joes and parked there. Kiehlmeier called, stating he’d be there in a few, as he had to wait for a friend. Eventually, Kiehlmeier walked across West Long Avenue and entered the back seat of the CI’s vehicle on the driver’s side. Kiehlmeier advised them to drive around the block.
While they were driving, Kiehlmeier commented, “Let’s do this” and pulled out a plastic bag that contained a green, leafy vegetable matter from his left pants pocket. The CI asked the agent for the money, and the agent exchanged $50 for the suspected marijuana. Kiehlmeier told them he was out and needed to get more. After arriving back at Coyote Joes, Kiehlmeier exited the vehicle and told them to “enjoy.”
On Aug. 1, 2012, the CI told the agent that they would be able to purchase marijuana from Kiehlmeier. The next day, the CI received a text message from Kiehlmeier, saying he could get a cut for $50 to which the CI replied, “OK, cool. I’ll take it.” Kiehlmeier told the CI that they could get it shortly, and it wasn’t the same as before but was “pretty good.”
Kiehlmeier text-messaged the CI, stating they could come over to which the CI replied that they’d be there in about 10 minutes. However, the CI text-messaged Kiehlmeier, saying they were shopping for a six pack and asked him to meet up at Julio’s. Kiehlmeier walked into the parking lot and got in the back seat on the passenger’s side of the agent’s vehicle and told them to drive around the block.
As the agent started to pull out, Kiehlmeier stated, “here,” and the agent handled him $50. Kiehlmeier handed the agent a plastic bag that contained a green, leafy vegetable matter of suspected marijuana. Afterward, Kiehlmeier asked to be dropped off in front of the Salvation Army.
On Aug. 11, 2012, the CI met with the agent about purchasing an ounce of marijuana for $325 from August. The CI text-messaged August and asked to meet around 11:30 a.m. When August called the CI he told them to call back in 15 minutes, and he’d make arrangements. At approximately 11:50 a.m., the CI called August, who agreed to meet in 15 minutes in the Wal-Mart parking lot near McDonalds in Sandy Township.
At 12:05 p.m., the agent observed a blue-colored Ford Explorer enter the parking lot. The CI identified the operator as August when he parked next to them. August entered the agent’s vehicle on the rear, passenger’s side and retrieved a plastic sandwich bag that contained marijuana from his jeans pocket. He handed it to the agent who gave him $325 for the marijuana.
On Aug. 21, 2012, the CI contacted the agent after speaking with August. He’d related to the CI that he’d obtained cocaine and wanted to sell it for $80 per gram. August also related he had to make more money from cocaine sales, as he’d used his money from marijuana sales to purchase the cocaine. The CI then arranged a drug deal between the agent and August for three grams of cocaine the next day.
The CI met with the agent on Aug. 22, 2012 and showed an outgoing text message to August, which had been sent at 1:11 p.m., asking him to call when he could. At approximately 1:28 p.m., the CI received a text message from August, stating his girlfriend was off work, and he would send a text message when he could deliver the cocaine. At approximately 1:30 p.m., the CI sent a text message to August, stating the agent wanted “three of those,” meaning three grams of cocaine. The CI asked if it would be possible to meet between 2:15 p.m. and 2:30 p.m. to which August asked if the CI was at home. The CI said he was.
At approximately 2:01 p.m., August was observed exiting his residence on North Stockdale Street. He was carrying a DVD case and got into the front driver’s side of a blue Ford Explorer. The officers who had been conducting surveillance left the area of August’s residence and proceeded to the area of the CI’s residence to continue their surveillance of August.
At approximately 2:07 p.m., August was observed parking near the CI’s residence. He exited his vehicle carrying a DVD case and entered the CI’s residence. When he opened the DVD case, the agent observed several small plastic bags that contained a white substance. August took out three bags and placed them on a computer stand near the agent. The agent picked up the bags of cocaine and handed $240 to August, who stated he’d be getting more marijuana later in the week.
August told the agent to let him know if they wanted any and he’d “front” the marijuana if they didn’t have the money for it. Before leaving August also mentioned that he still had a half-ounce of cocaine to sell and to let him know if they wanted more.
On Oct. 18, 2012, the CI related to the agent that they could purchase marijuana from Orcutt. During the briefing, the CI was directed to purchase approximately three grams of marijuana for $70. Orcutt wanted the CI to meet him at his residence in Grampian and text-messaged the CI about the price.
While en route to Grampian, the CI text-messaged Orcutt, saying they’d meet him at his residence. However, Orcutt asked the CI to meet him at the One Stop in Grampian, and he’d be there in about three minutes. The CI was given $70 to purchase the marijuana.
After pulling into the One Stop, Orcutt was observed standing on the driver’s side of a white Chevrolet Monte Carlo and next to the operator of that vehicle. Orcutt walked over to the passenger’s side door where the CI was seated and handed the CI a small plastic bag with a green, leafy vegetable matter through the window. The CI handed $70 to Orcutt.
Gilbert was later identified as the operator of the Chevrolet Monte Carlo. Through investigation the vehicle was determined to be registered to Gilbert, who was present during the drug delivery at the One Stop.
On Jan. 27, the CI text-messaged the agent, saying August called and had “stuff,” or cocaine. The CI related that August had agreed to meet with the agent the next day and would get a hold of them with when he would be available. August had explained that his girlfriend didn’t go into work until around 1 p.m., and he’d get a hold of them sometime after that.
At approximately 1:19 p.m. the next day, the CI text-messaged the agent when August had the cocaine. The CI provided the agent’s cell phone number to August, so he could make direct contact. At approximately 1:24 p.m., August called the agent and related he had two eight balls of cocaine available and could meet. When asked about the price he told the agent he was selling them as a whole for $225 for one or $425 for them both. August told the agent to call him after they got to DuBois to let him know how many they wanted.
At approximately 2:03 p.m., the agent went to the Hitching Post on Liberty Boulevard in DuBois. The agent called August and asked him to meet in the parking lot there. August, however, explained he didn’t have the cocaine on him and would have to run to Reynoldsville to pick it up. August told the agent he needed to make a call and would call back.
When August called back he told the agent he’d pick them up to ride with him to Reynoldsville. He would drop them off at the Laundromat near the residence where he would pick up the cocaine. August also told the agent he would need the money when he dropped them off, so that he could pick up the cocaine. The agent agreed to ride along. August told the agent he would be driving a silver-colored Nissan Xterra.
At approximately 2:37 p.m., the agent called August and asked where he was at. He told the agent that he’d observed police and was worried, as he didn’t want to go to jail. The agent told August that they didn’t see any police in the area, and he agreed to come over in a few minutes. While waiting the agent called August several times, at which point he asked if they could meet at Sheetz on Liberty Boulevard. The agent told him they would call after getting to the Sheetz parking lot.
The agent returned a missed call from August at approximately 3:01 p.m. The agent told him they had parked on the southern side of Sheetz. Another agent pulled in and advised of observing what was believed to be August’s vehicle in the alley behind Sheetz. The operator of the vehicle never pulled into the Sheetz parking lot.
The agent called August several times to check his location, but there wasn’t any answer. At approximately 3:17 p.m., August called the agent and agreed to meet; however, he was concerned over observing police cars in the area. August told the agent he didn’t want to go to jail because he has a child. He wanted to get in touch with the CI; however, they worked until 5 p.m. that day. August told the agent he wanted to meet with the CI beforehand to sell them the cocaine since he was nervous about this delivery.
At approximately 3:32 p.m., the agent terminated the operation, as August was nervous and didn’t want to meet. Another agent drove by August’s residence and noticed the silver-colored Nissan Xterra with a Pennsylvania registration. The agent found that the vehicle was registered to August’s girlfriend.