Stillwater Taxi Owner Gets Probation On Drug & Gun Charges

(Stillwater, Okla.) — A Stillwater taxi owner from whose home police recovered more than a half-pound of marijuana, packaging materials, a loaded gun and $6,148 has been placed on seven years’ probation with extensive conditions.

Kolbe Barrett Moore, 31, must enroll in and successfully complete the Payne County Drug Court program as part of a plea bargain approved in court by District Judge Phillip Corley last week.

Moore, who had pleaded guilty to a three-count charge, must also pay $2,730 in fines and costs as well as perform 100 hours of community service within 12 months, the judge ordered.

Stillwater Police Officer Adam Elliott wrote in an affidavit that on Aug. 17, 2013, Stillwater police officers went to Moore’s house, then located in the 300 block of E. Marie, to serve a search warrant.

“While knocking on the front door, Kolbe Moore exited the residence through a garage door where Detectives Comstock and LeJeune contacted him,” the affidavit said.

“Moore is the owner of Green Machine Taxi. On the coffee table in the living room, a computer was on and it appeared to be mapping taxi locations,” the affidavit said.

In a bedroom that appeared to belong to Moore, “A college degree was hanging on the wall with Moore’s name printed on it. There were also numerous correspondence for Moore and Green Machine Taxi in this room,” the affidavit said.

A safe with a strong odor of green marijuana emanating from it was located in the closet, the affidavit said.

“Upon opening the safe, we found in excess of one-half pound of marijuana in multiple bags, a loaded handgun, a digital scale, and packaging materials,” the officer wrote in his affidavit.

“In a file cabinet approximately five feet from the safe, we located $6,148 in U.S. currency,” the officer’s affidavit said.

The then-residence of Moore — who has now moved to another location — was about 1,200 feet from Sunnybrook Christian School and about 1,700 feet from Richmond Elementary School, the affidavit said.

In a background report compiled for the court, Moore said, “In January 2013, I got divorced and went into a depression. I was eventually prescribed Xanax a little before my arrest.

“I had been using a lot of marijuana the last three months of my marriage and was living alone until August 2013 when I decided to move in with my cousin, Mark Spitz, and his girlfriend.

“He sold marijuana. I had started selling it too. I was in the process of getting my concealed license permit so I had a gun in my safe along with the marijuana. A week after I moved into the apartment, the police showed up with a search warrant due to Mark selling marijuana to a confidential informant.”

According to court records, last month his cousin, Mark Spitz, 31, of Stillwater, was placed on seven years’ probation by Associate District Judge Stephen Kistler with conditions including enrolling in and successfully completing the Payne County Drug Court program.

Spitz, who had pleaded guilty to possessing marijuana with intent to distribute and having drug paraphernalia, must also pay $2,150 in fines as well as costs and complete 100 hours of community service within 12 months.

In the background report for the court, “Mr. Moore stated that his best friend was his cousin, Mark Spitz, but that since the arrest they do not have a relationship.

“He stated that he has cut off all contact with people involved in criminal activities.

“He stated he is trying to keep away from the drugs and temptation.

“Mr. Moore reported that he does have some acquaintances at the gym and church.

“Mr. Moore stated that he takes responsibility for what he did and wants to get everything done so he can put this behind him and move forward.”

Since Moore and Spitz were given deferred sentences, they will not have a criminal record if they successfully complete their seven-year probationary period.