Not guilty pleas to drug charges

Gary William Rubusch appeared before Judge Molly Owen on Tuesday, pleading not guilty to a felony charge of criminal possession of dangerous drugs and a misdemeanor charge of criminal possession of drug paraphernalia. Rubusch’s attorney, Cheryl Copperstone, requested that her client be released on his own recognizance. County Attorney, Megan Hansen, had no objection to this request as Rubusch is currently on probation, leading to Judge Owen granting the request. A jury trial was set for May 13, 2024.

According to the charging documents, on November 23, Highway Patrol Trooper Steve Spurr was traveling on Upper Lynch Creek Road in Plains when he observed a white box truck that appeared to be traveling at a speed that would exceed the posted limit of 45 MPH. Trooper Spurr used his radar, which showed the truck was going 52 MPH. Trooper Spurr turned around and initiated a traffic stop, noting that it seemed to take more time than usual for the driver to yield and pull over.

After approaching the truck, Trooper Spurr advised the driver, Anthony Worth, of the reason he was being stopped and identified the passenger as Rubusch. Dispatch advised that Rubusch didn’t have a valid driver’s license and also had several outstanding warrants for his arrest, leading Trooper Spurr to take Rubusch into custody. Sanders County Sheriff’s Deputy Devin Wegener was also dispatched to the scene to assist.

Rubusch, after being placed in Trooper Spurr’s patrol vehicle, advised that he was currently on probation. Upon contacting Probation and Parole, they advised that both men were on probation, that Rubusch had absconded from probation, and authorized a search of the vehicle on behalf of Butte Probation and Parole. Both Worth and Rubusch were advised of why they were being detained and that a search had been authorized, with Worth being placed in Deputy Wegener’s patrol vehicle for the time being. Both men allegedly told the officers that nothing illegal would be found.

During the search, officers found a large butane lighter, two glass pipes, a black cloth bag containing two smaller baggies with a crystalline substance, and a black sunglasses case containing three used needles. Field testing of the crystalline substance and residue from one of the pipes yielded a presumptive positive for methamphetamine. Rubusch admitted that the needles belonged to him, but he hadn’t used them in a while, and claimed the other items belonged to Worth. Worth claimed the items all belonged to Rubusch, but allegedly admitted that if he were tested, he would test positive for methamphetamine as he had used some the day before.

When Trooper Spurr moved Worth to his patrol vehicle in order to transport both men to the Sanders County Jail, he noted that Rubusch had maneuvered his hands from behind his body to the front, with Rubusch’s wrists being very red. Rubusch claimed his hands had always been restrained in front of him, but Trooper Spurr also noticed a drastic change in Rubusch’s demeanor, leading him to believe that Rubusch may have ingested drugs since being placed in the vehicle. After delivering both men to the jail, Trooper Spurr searched the rear of his patrol vehicle, finding a baggie containing a crystalline substance shoved into a seam in the seat to the left of where Rubusch was sitting. The substance field tested as a presumed positive for methamphetamine as well.

Robin Bruce McNutt also came before the court for his initial appearance, entering a not guilty plea to two felony counts of criminal possession of dangerous drugs and criminal possession of dangerous drugs with intent to distribute by accountability, with an additional misdemeanor count of driving under the influence, 1st offense. Judge Owen set this matter for a jury trial on May 13, 2024.

On August 15 at approximately 3 p.m., according to the filed affidavit, Sanders County Sheriff’s Deputy Paul Bankhead was advised of a report of two men allegedly fighting, drinking and soon to be driving from the Wild Coyote Bar near Thompson Falls.

While patrolling just outside of Thompson Falls, Deputy Bankhead observed the suspected vehicle drive by, initiating a traffic stop. Detective April Phillips also responded. Deputy Bankhead approached the vehicle, making contact with the driver, McNutt, and the passenger, Douglas Paige. Informing them of the call received regarding the two men fighting outside the bar, Deputy Bankhead questioned the two. McNutt admitted to consuming a “sip” of alcohol, but Deputy Bankhead commented on the visible six-pack of alcoholic beverages in the vehicle, which had two missing and two empty cans put back in the container. McNutt claimed the drinks belonged to Paige, and that Paige had “slammed them” right before they left the bar.

Deputy Bankhead observed that Paige didn’t appear intoxicated, but McNutt appeared fidgety, with bloodshot eyes and constricted pupils. McNutt was given the standard field sobriety tests, as well as a preliminary breath test. While McNutt’s preliminary breath test result was only a 0.014 BAC, the field sobriety tests indicated he was under the influence of an intoxicant. McNutt was taken into custody, claiming the car belonged to Paige’s girlfriend and requesting that Paige take custody of the vehicle. Given that Paige had no valid driver’s license, the vehicle was secured and Paige transported to a hotel. Upon arrival at the jail, two more breath tests came back at 0.00 BAC, but McNutt refused a blood test when requested.

Probation and Parole out of Great Falls advised that both men were on probation from Great Falls. Deputy Bankhead returned and secured the vehicle, confirming via video surveillance that the car had not been tampered with. A search warrant for the vehicle was obtained on August 16, resulting in a blue backpack being found in the trunk with numerous alcoholic beverages, a crumpled piece of foil with burn marks, multiple cell phones, and a blue cooler. Contained within the cooler were numerous baggies, a scale, a knife with a melted substance, cigar cutter, fusion razor, and a bag of 400 apparent “mexi blue” pills, later found to contain fentanyl. A further search of the trunk also yielded four bags containing a white crystalline substance weighing about 3.98 lbs, later confirmed to be methamphetamine.

Agents from the Division of Criminal Investigation of Montana interviewed McNutt, who claimed that Paige had picked him up in Great Falls, as he needed a licensed driver. McNutt admitted that he and Paige had driven to Spokane and stayed the night, but that he had no knowledge of what took place while in Spokane.