FRANKFORT, Ky. — A Paintsville man has lost his challenge of two misdemeanor drug possession convictions from 2014, which resulted after he was reported by a sharp-eyed drive-thru worker.
Police were tipped off to investigate Gary Warick, 51, after a worker at the Prestonsburg Dairy Queen spotted an open alcoholic beverage in his car and called to report a suspected DUI. Warick passed his DUI tests, but drugs and evidence of drug activity were discovered, which eventually led police to find 40 marijuana plants growing at his Paintsville home.
Warick was eventually charged with numerous felonies in both Floyd and Johnson counties, including drug trafficking and cultivating marijuana, but those charges were dismissed after he agreed in 2016 to plead guilty to misdemeanor drug possession charges in each county. He received sentences of 30 days in Floyd County and 45 days in Johnson County.
However, Warick only entered the guilty plea on the condition that he be allowed to challenge the warrants that resulted in the drug charges. He contended that he should have been allowed to leave after passing his DUI tests, but police prolonged the traffic stop until they found more evidence.
Yesterday, a three-judge Court of Appeals panel voted 2-1 that the warrants were valid. As a result, the guilty pleas stand.