A Miller County, Ark., jury handed down a 37-year sentence this week for one of two men now convicted in a case that began with a theft and led to the discovery of drugs and weapons.
Tobey Lee McCarley, 40, was found guilty this week of theft by receiving, possession of methamphetamine, possession of drug paraphernalia and the simultaneous possession of drugs and firearms. McCarley's co-defendant, Brian Mudd, 37, was found guilty in March and sentenced to a 45-year term.
Both men were charged as habitual offenders.
McCarley and Mudd were arrested March 5, 2017, at a mobile home in the 6900 block of McClure Road in Miller County after eight stolen antique porcelain gas station signs were found in their possession, according to a probable cause affidavit prepared by Cpl. Phillip Hardemon of the Miller County Sheriff's Office.
The victim in the case, Paul Murphy, told investigators he had been contacted by a friend who had been contacted by a man wanting to sell the antique signs. The victim's friend believed the signs he was being offered for sale were stolen.
Hardemon went to the address described by the victim's friend and found the eight stolen signs partially covered by a black tarp next to the front porch of a mobile home where a red truck was parked. The truck was registered to McCarley.
Hardemon called Murphy and the two compared the signs found on McClure Road to photos of Murphy's signs he had stored on his cellphone. Recovered from the trailer on McClure were signs which said: Texaco; Gulf Ahead; Phillips 6; Phillip's 66; Colonial Paint; Loreco; Dino Sinclair; and Pennzoil. Murphy was reunited with his property and left the scene.
Later that day a search warrant was executed on the mobile home where the signs were found. Mudd and McCarley were located inside; one was found hiding beneath a bed and the other found hiding beneath a couch. Sitting out in the living room were methamphetamine, two syringes and two spoons containing meth residue. Several firearms were found in the residence as well.
McCarley was sentenced to 10 years for theft by receiving, to 12 years for possession of methamphetamine, to five years for possession of drug paraphernalia and to 10 years for simultaneous possession of drugs and firearms. Circuit Judge Kirk Johnson sentenced McCarley in keeping with the jury's recommendation that all of the terms run consecutively.
"The jury did a great job in considering the evidence and arriving at a just result," Deputy Prosecuting Attorney David Cotton said. "The Miller County Sheriff's Office did a good job recovering the stolen property which led to the discovery of other crimes. Drugs are a real problem that often result in other crimes, which is demonstrated by this case."
Both men continue to face charges of possession of a firearm by a felon which were severed from the cases which have already been decided by juries. Both men are scheduled for separate jury trials in those cases later this year.