Plea ends drug case
A Butler man, set to be tried Monday on methamphetamine manufacturing charges, entered a guilty plea in Butler County Court on Thursday.
Brian M. Payment Jr., 28, pleaded guilty to felony possession with intent to deliver a controlled substance before county Judge Timothy McCune.
A jury panel had been selected Sept. 7 to hear the case.
Payment was immediately sentenced to 15 to 30 months in jail with credit for time served. Assistant District Attorney Terri Schultz said the agreement called for no objection to that time being served in Butler County Prison over a state correctional institution, but Payment must serve the minimum of 15 months.
Payment's attorney, public defender Charles Nedz, said his client has been incarcerated for more than 11 months, having been arrested on Oct. 8, 2016.
He was also ordered to serve 24 months probation consecutive to the expiration of his parole, and given a $100 fine.
The charges stem from a state Attorney General's Office investigation into the manufacture of methamphetamine at an apartment at 125 Standard Ave. A Butler man, set to be tried Monday on methamphetamine manufacturing charges, entered a guilty plea in Butler County Court on Thursday.
Brian M. Payment Jr., 28, pleaded guilty to felony possession with intent to deliver a controlled substance before county Judge Timothy McCune.
A jury panel had been selected Sept. 7 to hear the case.
Payment was immediately sentenced to 15 to 30 months in jail with credit for time served. Assistant District Attorney Terri Schultz said the agreement called for no objection to that time being served in Butler County Prison over a state correctional institution, but Payment must serve the minimum of 15 months.
Payment's attorney, public defender Charles Nedz, said his client has been incarcerated for more than 11 months, having been arrested on Oct. 8, 2016.
He was also ordered to serve 24 months probation consecutive to the expiration of his parole, and given a $100 fine.
The charges stem from a state Attorney General's Office investigation into the manufacture of methamphetamine at an apartment at 125 Standard Ave. between Sept. 30 and October 2016.
Payment was charged alongside Thomas L. Odom, 32, who was previously sentenced to 21 to 60 months in state prison after pleading guilty to felony conspiracy to manufacture a controlled substance.
Payment was initially charged with felony possession with intent to deliver a controlled substance, possession of methamphetamine precursors, operating a methamphetamine lab, risking a catastrophe and misdemeanor possession of a controlled substance.
The investigation began when a confidential informant reported that Payment and Odom were manufacturing the drug at the location.
The informant claimed the man and others were buying products containing pseudoephedrine and other ingredients needed to manufacture the drug. A second informant reported that Payment was one of the “main cooks” at the apartment while others “were purchasing pseudoephedrine products, batteries, cold pack, salt, Drano, etc.,” documents revealed.
One source even told authorities there was an explosion in the apartment's bathtub when the drug was cooked for the first time in September.
Investigators said the source was at Payment's apartment Sept. 29 and saw him dump a plastic shopping bag filled with meth waste into the dumpster at St. Michael the Archangel Catholic Church on Center Avenue.
Methamphetamine making items were later found, and a review of nearby surveillance footage showed a man believed to be Payment throwing the bag into the dumpster on Sept. 29, investigators said.
Later that day, Payment suffered an apparent drug overdose, where emergency crews administered the opioid antidote Narcan, which revived him. He was later treated at Butler Memorial Hospital and released.
At that time, officers found boxes of Sudafed, which contain a key ingredient in meth manufacturing, and other related evidence.
The building was then evacuated and Payment signed a written consent following his revival, which was witnessed and signed also by Payment's mother, Wanda Mortimer, according to authorities.
That search warrant was subject to a legal challenge by the defense, which claimed consent for the search was not valid as Payment's mental state at the time was hindered by being revived from a drug overdose. His lawyer attempted to have that evidence excluded at trial.
That motion was denied.
The attorney general's clandestine lab team searched the location and discovered three garbage bags containing lithium batteries, sodium hydroxide, petroleum distillates and ammonium nitrate — all items used in manufacturing the drug — according to court documents.
Payment was arraigned and held on $100,000 bail.tween Sept. 30 and October 2016.
Payment was charged alongside Thomas L. Odom, 32, who was previously sentenced to 21 to 60 months in state prison after pleading guilty to felony conspiracy to manufacture a controlled substance.
Payment was initially charged with felony possession with intent to deliver a controlled substance, possession of methamphetamine precursors, operating a methamphetamine lab, risking a catastrophe and misdemeanor possession of a controlled substance.
The investigation began when a confidential informant reported that Payment and Odom were manufacturing the drug at the location.
The informant claimed the man and others were buying products containing pseudoephedrine and other ingredients needed to manufacture the drug. A second informant reported that Payment was one of the “main cooks” at the apartment while others “were purchasing pseudoephedrine products, batteries, cold pack, salt, Drano, etc.,” documents revealed.
One source even told authorities there was an explosion in the apartment's bathtub when the drug was cooked for the first time in September.
Investigators said the source was at Payment's apartment Sept. 29 and saw him dump a plastic shopping bag filled with meth waste into the dumpster at St. Michael the Archangel Catholic Church on Center Avenue.
Methamphetamine making items were later found, and a review of nearby surveillance footage showed a man believed to be Payment throwing the bag into the dumpster on Sept. 29, investigators said.
Later that day, Payment suffered an apparent drug overdose, where emergency crews administered the opioid antidote Narcan, which revived him. He was later treated at Butler Memorial Hospital and released.
At that time, officers found boxes of Sudafed, which contain a key ingredient in meth manufacturing, and other related evidence.
The building was then evacuated and Payment signed a written consent following his revival, which was witnessed and signed also by Payment's mother, Wanda Mortimer, according to authorities.
That search warrant was subject to a legal challenge by the defense, which claimed consent for the search was not valid as Payment's mental state at the time was hindered by being revived from a drug overdose. His lawyer attempted to have that evidence excluded at trial.
That motion was denied.
The attorney general's clandestine lab team searched the location and discovered three garbage bags containing lithium batteries, sodium hydroxide, petroleum distillates and ammonium nitrate — all items used in manufacturing the drug — according to court documents.
Payment was arraigned and held on $100,000 bail.
