Halloween night search unmasks drug operation

Officers say a Halloween-night search of a Gainesville home turned up a trove of suspected drugs, paraphernalia and prescription pills, leading to felony charges for two Gainesville residents,  Donna Smith, 59, and Michael MacMillan, 68.

According to the probable cause statement filed in the case, prepared by Ozark County Deputy Jeffrey Lane, on Oct. 31, the Ozark County Special Enforcement Team (SET) executed a search warrant at MacMillan and Smith’s residence in Gainesville. 

“The warrant targeted evidence of...manufacturing a controlled substance, possession of a controlled substance and distribution of a controlled substance, specifically methamphetamine, methadone and related drug paraphernalia,” Lane wrote in the report. 

The search began at approximately 8:54 p.m. Halloween night, according to the report, and officers made contact with both subjects. 

The documents say that in addition to Smith and MacMillan, another woman was on scene and detained during the search and multiple young children were also present. 

“Michael MacMillan spontaneously stated he had been outside and that he ‘stays in there,’ indicating the garage as his sleeping area. Donna Smith indicated that [a] juvenile resides with her in the main residence for approximately one year. This was given as a spontaneous statement without prompt or interrogation. Multiple child clothing items were located in this same room to confirm the statement,” Lane said. 

The following list of items found and confiscated from the home is included in the probable cause statement:

Main residence - systematic search

Master bedroom (Donna Smith’s room) in TV stand: 12 empty methadone prescription bottles (5 mg tablets), 15 filled methadone prescription bottles (40 mg discs, 5 mg tablets) with a prescription in Donna Smith’s name. 

Spare bedroom dresser (main residence, attributed to Donna Smith): 8 small plastic bags containing white unknown powder, one small green bag containing a white unknown powder, one large plastic bag containing an unknown white powder (all pending lab analysis), 5 plastic straw segments, one Walmart gift card, one small glass mirror, one silicone container (all with white residue that field-tested positive for methamphetamine) and numerous plastic baggies in assorted sizes (consistent with distribution packaging). 

Vehicle search 

Donna Smith’s white SUV parked in driveway, items located inside Donna Smith’s purse inside the vehicle: one purple Apple iPhone, one packet of unused plastic baggies (consistent with distribution packaging),one spiral notebook containing names and dollar amounts (consistent with drug ledger) one unknown green pill (no markings, was sent to lab for analysis), six methadone 40 mg discette tablets (no prescription in the vehicle), 97 methadone 5 mg tablets in plastic container (no prescription in the vehicle and the following items which field-tested positive for methamphetamine: one plastic straw segment and a red, white and blue container with a white crystalline substance inside. 

Garage entry

In plain view seizure (Michael) - The statement says that officers made lawful entry into the attached garage and found and seized the following items in plain view: two glass smoking devices containing a white crystalline residue which field-tested positive for methamphetamine, 8 white T1259 tablets, which are identified as Hydrocodone.

Charges and cases

Ozark County Prosecutor Lee Pipkins has charged Smith with one class D felony of possession of a controlled substance (methamphetamine). The case was filed Nov. 1 and she was re-arrested in the case Nov. 3 and held in jail on a $10,000 cash only bond, which she posted Nov. 4, and was released. A report of non-compliance with her pre-trial release was filed Nov. 6 and she was arrested again Nov. 13. She was held in jail until Nov. 19, when she was released on her own recognizance with supervision from Court Probationary Services. She is ordered to return to court at 1:30 p.m. Jan. 6 for a preliminary hearing in the case. She is represented by Rickey Farrow of West Plains. 

MacMillan faces two class D felony charges of possession of a controlled substance (methamphetamine and Hydrocodone). He appeared before Associate Judge Raymond Gross on Nov. 18 and is scheduled to return to court at 1:30 p.m. Jan. 20 for a preliminary hearing in the case. He is represented by James Matthew Colston of Carthage.