POLICE CHIEF'S SON FACES DRUG CHARGE

Commerce, Okla. — Commerce Police Chief Bob Baine says the search warrant he helped county and state drug officers serve on the night of Aug. 9 was "one of the hardest things I've had to do, as an officer and as a father."

His son, Brent Anthony Baine, 25, was arrested after the lawmen went to his home in Commerce with a warrant issued on a probable-cause affidavit filed by the Oklahoma Bureau of Narcotics and Dangerous Drugs.

Late in the afternoon of the next day, Brent Baine was charged by the district attorney's office with felony counts of delivery of marijuana and possession of marijuana with intent to distribute, and a misdemeanor count of possession of drug paraphernalia.

Associate Judge Robert Reavis, who has been on vacation, was contacted by Baine's attorney, Ron Stockwell, and agreed to let Baine remain free on his own recognizance without posting a bond.

His initial appearance was held Monday in Special Judge Bill Culver's courtroom downstairs, after the routine daily court session had been concluded in the main courtroom on the third floor of the Ottawa County Courthouse.

Fred DeMier, assistant district attorney, said Thursday that at that time, "We were told by the OBNDD that there was an ongoing investigation and asked not to give this any more public exposure than necessary. The investigation is apparently concluded."

Culver continued Baine's initial appearance Tuesday morning in the main courtroom. Later, he said he had not moved the first part of the appearance to the smaller courtroom "as any attempt to conceal this case from the public or news media. I was asked by the DA (DeMier) if we could do it discreetly, without at least calling attention to it more than any other case.

"The charges filed Friday are a matter of public record, as are his initial appearances, and those records are available to the public and press any time."

Brent Baine remains free on his own recognizance. A preliminary hearing is scheduled for Oct. 11.

The probable-cause affidavit, filed by state narcotics agent Kevin Ottwell, states that on Aug. 9, Brent Baine sold a quantity of "green leafy substance," which later tested positive, to state agent Francine Tyron at Baine's residence.

The affidavit says officers serving the search warrant found about 3 ounces of marijuana, a set of scales and a quantity of cash believed to be from marijuana sales.

Chris Morris, with the district attorney's drug task force, said Thursday that Baine's name surfaced during another investigation.

"He was not targeted, but was mentioned by at least one informant we were using in the other case," Morris said.

He said the case was turned over to the state agency "to avoid any possible conflict of interest or appearance of impropriety, since his father is a law enforcement officer who has worked with us on numerous cases before."

Morris said that Bob Baine, when told the officers were going to serve the warrant, volunteered to accompany them. Baine has been Commerce police chief for about 16 years and also is the town's fire chief.

"I'm sure there were two people inside his head that evening: a police officer who wanted to ensure the warrant was served properly, and a father who was hoping the result would be negative," Morris said.

In a separate interview, Bob Baine said: "I thought we were all through this and he (his son) had gotten his life together. He took a drug test for a job two months ago and passed."

Baine said his son has had a substance-use problem in the past, "but that's really part of some larger problems he's had to deal with. We've had him in counseling and therapy for a long time, and he's in a 12-step program."

Records at Miami Municipal Court show Brent Baine has a series of arrests on city charges but has never served time in jail.

On June 25, 1994, he was charged with misdemeanor possession of marijuana and possession of drug paraphernalia. He paid court costs of $17 on each count and was released.

In December 1996, he was charged with inattentive driving and driving without valid insurance. He paid a $57 fine and $17 in court costs, and was released.

On Jan. 22, 1999, he was charged with four counts of "nuisance generally." He paid $556 in fines and performed 80 hours of community service.

The municipal court clerk said Thursday that the original charges in that case were of a different nature, but all the cases were reduced to the catchall ordinance once Baine had fulfilled his court-mandated obligations.

Bob Baine said: "This is sad. It's tragic for me and my family, but as a police officer I had to handle it like any other case.

"I don't want the prosecution to give him any favors, but I don't want them trying to make an example out of him either, just because of who he is."

DeMier, the prosecutor, said Brent Baine "will receive the same treatment from this office that any other drug offender gets. This is his first felony offense, and I'm sure the court will take that into consideration."

Commerce Mayor Phil Crosby said he did not want to comment on the case.

"I don't think that would be appropriate for me at this point. I may have something to say later," he said.