By: Patti Weaver
(Stillwater, Okla.) — A customer of the Blue Diamond Cabaret on Highway 51 east of Stillwater has been charged with felony drunk driving and carrying three firearms while under the influence of intoxicating liquor, which is a misdemeanor.
Brandon Kenneth Kincaide, 28, of Yale, who previously lived in Drumright, was released from jail on $25,000 bail three days after his arrest by Payne County Sheriff’s Deputy Zach Wheeler, who had been dispatched to the cabaret at 1:51 a.m. on Nov. 16, court records show.
Kincaide has been ordered to appear in court with an attorney on Dec. 17 on the felony drunk driving charge and the misdemeanor gun count. If convicted of both counts, Kincaide could be incarcerated for as long as five and one-half years and fined $5,500, according to court documents filed by prosecutor Jeremiah Gregory.
When the deputy went inside the cabaret, he was met at the front door by an employee who said that Kincaide had just left in his white pickup truck, according to an affidavit.
“I turned around and saw Deputy Rose ordering a driver in a white pickup to stop. The driver at first was failing to listen to verbal commands. Deputy Rose and myself then un-holstered our pistols yelling at the driver to stop,” who complied, Wheeler alleged in his affidavit.
When no firearms were found on Kincaide, he was asked if any were inside the truck, to which he replied, “a revolver on the dash, a hunting rifle in the passenger seat and a disassembled shot gun in the back floorboard,” the affidavit alleged.
The employee said, “Brandon had given his keys to a D.J. for safe-keeping because Brandon showed signs of intoxication and the management of the Blue Diamond did not want Brandon to drive,” but when he asked for his keys to leave, “he became upset because they refused to give them to him,” the affidavit alleged.
The employee said, “he offered to call an Uber for Brandon,” who asked to speak to him outside where he demanded the keys before reaching into his waistband and grabbing a small handgun that he then dropped on the ground, the affidavit alleged.
The employee said he “backed away with his hands up, telling Brandon that he would get his keys for him,” in the cabaret where he told the D.J. to call 911 before he gave the keys to the defendant, the affidavit alleged.
When the deputy asked Kincaide how much he had to drink, “Brandon responded saying, ‘Nothing, I am sober, officer,” Wheeler alleged in his affidavit.
But when Kincaide was given a portable breath test by Deputy Carruba, the result was .08, the affidavit alleged. At the jail, Deputy Rose gave a breath test to Kincaide, with a result of .10, the affidavit alleged.
“While inspecting the firearms for evidence logging, I noticed that the barrel of the shotgun had been altered by having been cut down,” to 16 inches, Deputy Wheeler alleged in his affidavit.
Kincaide had previously been charged with misdemeanor drunk driving in Payne County in 2013 for which he received a one-year deferred sentence that has been expunged from court records.