By Patti Weaver
STILLWATER — A Cushing man, who was initially arrested on suspicion of driving under the influence of alcohol, and his female passenger from Cushing, have been charged with possessing psilocybin mushrooms with intent to distribute, along with having marijuana and drug paraphernalia, court records show.
Jakob Lee Ninness, 20, who had been freed on $5,000 bond after his DUI arrest on Feb. 11 at 12:03 am in Cushing, has been ordered to appear in court on June 9 for a preliminary hearing on a four-count charge punishable by up to 10 years’ incarceration and $103,00 in fines on conviction.
His passenger, Nicole R. Claeys, 19, who was released on $10,000 bond on a three-count charge, has been ordered to appear in court on May 14 with an attorney. If convicted, she could be given as much as nine years’ incarceration and $102,000 in fines.
Felony drug charges were filed against the couple on April 4 after Cushing Police Officer David Smith received a report from the Oklahoma State Bureau of Investigation showing that mushrooms seized during his Feb. 11 traffic stop on Ninness’s SUV at 609 E. Main Street in Cushing were psilocybin, an affidavit alleged.
“I also conducted a search warrant on Jakob and Nicole Claeys phones,” the Cushing officer alleged in an affidavit.
“Once the information was obtained from the phones, it was discovered that Jakob was selling acid and psilocybin. This was discovered from pictures and messages obtained. Conversations consisted of the use of Jakob’s name, the drug of choice either acid or mushrooms, and a price for a certain amount of those substances,” the affidavit alleged.
After obtaining a search warrant for Claeys’ phone, the Cushing officer “located several conversations where she was selling/distributing psilocybin and marijuana,” his affidavit alleged.
During an inventory of Ninness’ vehicle, “I ultimately located a pair of metal knuckles in the driver’s side door. I also located a wooden box containing a smoking pipe and marijuana in the center console,” the officer alleged in his affidavit.
“I noticed that the center console insert could be removed and removed it and located a bag containing a large glass jar which had mushrooms in it, an unused, new small clear baggy (which is commonly used based on my training and experience to package controlled dangerous substances for distribution), and a working scale which had residue on it.
“I tested the green leafy-like substance in the wooden box, and it tested presumptive positive for marijuana. I sent the substance in the jar off to OSBI for further chemical analysis and ultimately, they sent a report showing the substance was psilocybin,” the Cushing officer alleged in his affidavit filed last week.
During the traffic stop, “I made contact with Nicole. I asked her if she had any drugs in her purse and advised her that I found the marijuana. Nicole advised no, but did advise me that there was a nicotine ‘Lost Mary’ vape in her purse. I asked Nicole if she had anything else in her bag; she advised no.
“I then searched her purse based on the probable cause obtained that she advised she had a nicotine vape in her purse, and I had confirmed that Nicole was under 21 years of age. I ultimately located a medium-sized clear baggy which contained dried mushrooms in it, commonly referred to as ‘shrooms.’ I asked Nicole about the shrooms, and she advised she planned on making money by distributing them to people later.
“I asked Nicole if they were psychedelic mushrooms, and she advised yes. Before placing Nicole in the back of Sgt. Piatt’s unit, I conducted a custodial search of Nicole’s hoodie pockets and located a THC vape. I asked Nicole if she had her medical marijuana card; she advised she did not,” the Cushing officer alleged in his affidavit.
