Johnny McCray Jr.

A Michigan man charged with possessing drugs and a state trooper's stolen gun attempted to have the charges against him dismissed Thursday, arguing that he was never in possession of the items.

Defense counsel for Johnny T. McCray Jr., 29, argued that he was never found with any drugs or weapons, but was only in the house where the items were found. McCray's attorney, Rebecca Black, argued that the case is “built on speculation,” and “completely devoid of facts.”

Butler County President Judge Thomas Doerr heard the arguments and testimony and will make a decision later.

McCray was charged with felony receiving stolen property, possession of a firearm prohibited, possession with intent to deliver a controlled substance and conspiracy, as well as misdemeanor drug possession after a search warrant was conducted Dec. 4 at a home in the 100 block of South Street.

Police testified Thursday that the search warrant was executed after information was received from a suspect in a Dec. 2 burglary on Summit Avenue, where a state police trooper's gun was stolen, that he traded the gun to a man at the South Street home.

Officer Nathan Shulik of the Butler Police Department testified that the individual, who was unnamed in court proceedings, reported that he traded the gun for crack cocaine to a tall black male with dreadlocks who he knew as “Mitch” or “Meech.”

State police and Butler officers conducted the search warrant, which turned up 23 grams of crack cocaine and the stolen gun in the basement of the home, Shulik said.

Also in the basement was McCray, who was found on the stairs leading up to the first floor, according to testimony from Trooper Joshua Fachet of the state police Vice Unit, who helped conduct the search warrant. He said McCray was the only person found in the basement and, on those stairs, they found a baggie of crack cocaine.

Cpl. Greg Chodkowski, also of the Vice Unit, testified that during the search of the basement another baggie of cocaine was found, as well as a Glock handgun that matched the gun stolen from the trooper's home.

But Shulik testified that besides the matching description, he couldn't say for certain if McCray was the person known as “Meech” or “Mitch” and that the gun had never been fingerprinted and tested against McCray's prints.

He also said there was no evidence that McCray participated in the initial burglary or even knew about it, but suggested that McCray knew the gun was stolen because it was traded for drugs.

Black argued that McCray's “presence alone does not show possession” and that no witness testimony had been given about drug sales or that McCray was in possession of the drugs in any way.

She argued that McCray was found in the basement of a home he didn't own; and that despite police testimony that it looked like someone was living in the basement, no testimony had been offered that McCray had been staying there.

Black argued that no testimony had been offered connecting McCray to the person known as “Mitch” or “Meech” besides the general description, and McCray was found with no contraband on his person.

As part of her motion Black asked for a bond reduction; McCray is being held on $100,000 bail. Doerr will also rule on that argument.

“He has been held since December on shreds of proof or evidence,” she said.

Part of the motion was also to sever McCray's case from seven other listed co-defendants, who police also charged in relation to this incident. Black argued that McCray was not involved in the initial burglary, and therefore his case should not be tried alongside the others.

Assistant district attorney Terri Schultz argued that each person who had a connection to the stolen gun had been charged and their trials joined, and those witnesses are key to establishing the case against McCray.

“We are not saying he was involved in the burglary, but he had the stolen gun,” she said. “We intend to establish that McCray knew the gun he was receiving was stolen.”

She argued that McCray was the only person found in the basement of the home, where the contraband and stolen gun were found, and the items were near where he was arrested.