Suspect charged in two burglaries north of Alva

 

September 6, 2020



An alert neighbor provided information that helped law enforcement locate a suspect in two rural Woods County burglaries. That man is now facing four felony counts.

Court records show on the afternoon of Saturday, Aug. 29, Woods County Deputy Sheriff David Cummings went to Johnston Road north of Alva where he met with the victim Bryan Rhodes.

Rhodes explained that his neighbor Marty Koppitz told him that morning he had seen a suspicious vehicle in front of Rhodes’ shop. Koppitz said it was about 7:30 a.m., and he didn’t think anything about it due to the time.

Rhodes said entry was possibly made in the north door which showed signs of forced entry, possibly being shoved open with a shoulder. Cummings photographed the door, and Rhodes gave him a list of missing items including multiple tools, drills, batteries and a can of gas.

After leaving, Cummings called Koppitz for further information. Koppitz said he went by the shop at 5 a.m. and again at 7 a.m. but at 7:30 a.m. he noticed the tan colored pickup parked facing west partially on the roadway directly in front of Rhodes’ shop. Koppitz did not see anyone or get a license plate number. He said due to the time of day, he did not think much about it. Koppitz said the pickup was small, possibly a Dodge Dakota type or Chevrolet S-10 but he was unsure of the exact make.

About 7:30 p.m. that night while on routine patrol in Alva, Cummings saw a vehicle matching the description given by Koppitz. When he turned around to see where it was going, he saw it pull into the Holiday Motel parking lot and park in front of a room. Cummings contacted Alva Police Officer John Caviness and advised him of the vehicle and the recent theft. Throughout the evening, the officers conducted surveillance on the pickup.

At approximately 11 p.m. the pickup left the motel parking lot and turned north onto US281. Cummings got behind the vehicle which was driven by the occupants of the motel room. He got the license number and noticed a brake lamp not working when they applied their brakes. He activated his emergency lights signaling the vehicle to pull over. The pickup came to a stop north of Hughes Road on US281.

Cummings made contact with the driver, identified as Stephanie Miller. The front seat passenger was identified as Michael Foster. Cummings observed a black Dewalt tool bag behind Foster’s seat. He explained the reason for the stop and asked for Miller’s driver’s license and insurance. Miller told him her Oklahoma driver’s license was suspended and there was no insurance on the vehicle. Cummings confirmed the suspended license through Woods County dispatch, and Miller was placed under arrest.

Cummings ran Foster’s information through Woods County dispatch and confirmed he had an active Woods County warrant on a misdemeanor. He was placed under arrest. Both were later transported to the Woods County Jail for booking.

Due to no proof of insurance on the vehicle, Cummings requested the next available wrecker. The wrecker arrived and took possession of the pickup, and a hold was placed on the vehicle until current insurance could be obtained.

During inventory of the vehicle, a large amount of Dewalt brand tools were found. All were seized as possible evidence. Some of the tools had initials and names written on them such as SW, WARD and 4W. Cummings called Steve Ward who later came to the sheriff’s office and positively identified the remainder of the Dewalt tools as belonging to him. He said he checked his shop and found drills, batteries and battery packs missing.

At approximately 12:37 a.m. on Aug. 30 at the Woods County jail in a post Miranda interview, Foster waived his right to an attorney. According to the court affidavit, he admitted to breaking in and stealing tools from Rhodes’ shop on Johnston Road. He said he was driving around north of Alva on county roads looking for vehicles from which to steal gas. He said he drove by Rhodes’ shop and noticed no house nearby and no vehicles driving around. He checked the doors and found the north door of the shop unlocked. He said he entered and began taking all the tools he could carry as well as a gas can of fuel. He said he was in and out in five minutes.

Foster confirmed he was there between 7 and 7:30 a.m. on Aug. 29 and parked his vehicle partially on the roadway and partially on the driveway facing west toward US281 which was exactly how Koppitz had described it. Foster said no one else was with him, and Miller was at the motel room sleeping.

During the interview, Cummings asked Rhodes to point out which tools he took from Rhodes’ shop, and he pointed out the items that were later all positively identified by Rhodes as being his. When Cummings asked what he was going to do with the tools, Foster said he was going to store them at a friend’s house and possibly sell them, according to the affidavit.

About 1:47 a.m. in a post Miranda interview, Miller denied being involved in the theft of the tools. She said she was in her motel room sleeping when Foster returned around 8 a.m. She said he showed her all the Dewalt tools which he told her someone gave him. She said she suspected they were stolen but Foster never admitted to her that they were.

On Aug. 30 about 3 p.m. Cummings conducted a second interview with Foster, reminding him of his Miranda warning which he again waived. According to the affidavit, Foster admitted that prior to going to Rhodes’ shop, he went to Ward’s shop, parking along the fence facing north on County Road 440. He said the door was unlocked, and he picked up three Dewalt brand tool bags containing numerous Dewalt tools and batteries. He admitted to breaking into this shop between 7 a.m. and 7:15 a.m. on Aug. 29 before going to Rhodes’ shop. He said those are the only shops he broke into.

Michael Dominick Foster, 23, of Woodward, has been charged with four felony counts. He is charged with two counts of burglary second degree and two counts of knowingly receiving or concealing stolen property.

The burglary charges are each punishable by imprisonment for up to seven years. The stolen property charges are punishable by imprisonment in the custody of the Department of Corrections for a term not to exceed five years or in the county jail for a term not to exceed one year, or by a fine not to exceed $500, or by both such fine and imprisonment.

 

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