Accused pharmacy burglars bound over for trial
Tuesday, March 30, 2010
Two alleged pharmacy burglars were bound over to division one of the Cape Girardeau Circuit Court after their preliminary hearing Monday before Associate Circuit Court Judge Gary A. Kamp.
Carlos Miniel, 17, of Cape Girardeau, waived his right to the hearing, while six witnesses including three police officers testified at the hearing of Charles Dobyns, 20, of Benton, Mo.
Miniel and Dobyns are charged with second-degree burglary and felony stealing for allegedly breaking into John's Pharmacy at 2001 Independence St. in the early morning hours of March 5.
They're also charged with attempted burglary in connection to an incident at Broadway Pharmacy the same morning.
Cape Girardeau County Prosecuting Attorney Morley Swingle amended the charges Monday to include a count of attempted burglary for allegedly trying to gain entry to MediCenter Pharmacy in Jackson, also on March 5.
Cape Girardeau police officers responded to Broadway Pharmacy around 3 a.m. after receiving a call from a newspaper courier who reported a car in an alley near the business and a man in a black ski mask lingering behind the pharmacy.
Officer Matt Peters testified that he first saw the suspect on the west side of the building, wearing blue jeans, a red sweat shirt, a ski mask and gloves.
Dobyns resisted arrest after officers ordered him to lie on the ground, he said.
Upon being arrested, Peters said he was the officer who removed the ski mask. He identified Dobyns in court Monday as the individual he arrested.
Officer David Templeton testified that a door on the building was damaged and a dead bolt and door knob were missing from the door. Officers found an object similar to a crowbar about 10 feet from the door.
Peters also testified that his description of Dobyns at Broadway Pharmacy matched one of a suspect in a surveillance video he viewed after a burglary took place at John's Pharmacy around 1 a.m.
"The clothes matched exactly, except the camouflage jacket was removed when I saw him later," Peters said.
A lead pharmacy technician at John's Pharmacy testified that she also reviewed the video, which showed a man filling a large trash bag with prescription bottles. Angela McLean said a large quantity of controlled substances were taken from the pharmacy, including a container of oxycodone marked specifically as property belonging to John's Pharmacy.
Jennifer McCoy, a pharmacist at Medicap Pharmacy, testified she viewed a surveillance video from March 5 and saw a man in a ski mask holding a long, metal object walk around the pharmacy and then tilt the camera. Nothing was damaged, she said, and nothing was stolen at the Jackson pharmacy.
In addition, she told the judge she couldn't specifically identify Dobyns as the person seen in the video.
Templeton, who transported Dobyns to the county jail, testified that the defendant initially said he was just walking by Broadway Pharmacy when "officers swarmed him and handcuffed him."
In a second conversation, Templeton said Dobyns claimed he feared for his life because a Mexican cartel was making him steal the prescription pills in exchange for two Xanax bars.
Miniel and Dobyns will both appear in court again April 5 for their arraignment.
2001 Independence St., Cape Girardeau, MO
710 Broadway, Cape Girardeau, MO
200 W. Washington St., Jackson, MO