BLOOMFIELD, Mo. - An Advance man is behind bars following two separate incidents in his hometown.
Michael Jess McLeary, 59, was arrested on June 11 and charged with two counts of the Class C felony of distribution of a controlled substance and felony elder abuse.
He was also arrested on an outstanding warrant for sexual misconduct in the second degree and misdemeanor assault of a law enforcement officer, issued by Stoddard County after an incident with another Advance police officer who attempted to arrest McLeary for being naked in his yard.
the marijuana charges
According to a probable cause statement filed by Advance Police Chief Donnie Bohnsack, a call was received from City Hall requesting the police at 9:40 a.m. on Tuesday, June 11, 2013. In the background, Bohnsack could hear a male's loud voice.
Upon arrival, Bohnsack saw McLeary at a window, holding what appeared to be a sack of marijuana. When asked what he was doing, he stated that he was trying to get his medication filled.
He said his medication was THC - the active ingredient in marijuana which is not legal in Missouri. Bohnsack also observed a pill bottle and an open capsule on the counter.
Bohnsack informed McLeary that marijuana possession was illegal and that he was going to be cited.
McLeary stated that he had a right to use marijuana for medical purposes and began flashing a $20 bill saying, "In God we trust."
McCleary stated that God made marijuana and so he could take it. McLeary was cited and released.
McCleary then reportedly told Bohnsack that he wanted his "Cadillac" back. When asked what that meant, he said that was what he called his marijuana.
He said the marijuana was medicinal and opened a capsule. He then dumped its contents, appearing to be marijuana, on the floor. He was then escorted out of the building.
After McCleary left, an employee at City Hall informed Bohnsack that since McLeary couldn't get his 85-year-old mother to smoke marijuana, he had been giving it to her in her medication.
McLeary reportedly told the woman that his mother was "getting better" as a result of taking the pot.
McCleary also reportedly told police that he was "from Mars and marijuana is from Mars, the third rock from the sun."
While the employee was completing her statement, McLeary returned to City Hall to continue his argument. He reportedly displayed another pill, which was also seized. The pill was filled with marijuana.
Again, McLeary was escorted out of the building and told that if he returned, he would be taken to jail.
At that point, Bohnsack returned to his office and made an Elder Abuse hotline call. During the phone call, McLeary returned to the office again. He emptied yet another pill filled with marijuana in the office.
Bohnsack asked McLeary about whether he had been giving his mother marijuana as medication and he confirmed that he had.
Bohnsack ordered McLeary to put his hands behind his back, but he refused three times. Bohnsack then forced his hands behind his back.
McLeary protested during the arrest process, saying his rights were being violated and that he was going to sue. The protest continued all the way from Advance to the Stoddard County Jail in Bloomfield.
Bohnsack asked him if he understood his rights. McLeary responded that he understood the Bill of Rights. When asked if he understood his Miranda Rights, McLeary responded that he did not. He eventually stated that he understood the rights that were read to him.
McLeary again stated that he gives the "medication" to his mother, and she was getting better. When asked where he got his marijuana, he told police it came from his doctor. He then told officers that God was his doctor.
sexual misconduct warrant
The sexual misconduct and assault of a law enforcement charges stem from an incident in May 2013.
According to a probable cause affidavit filed in county court by Advance Police Officer Douglas Golden, a call was received on May 1 regarding a naked man on West Tropf Street in Advance.
Upon arrival, McLeary was found standing naked on his porch. He reportedly approached the patrol car and began talking as the officer tried to open the door to the patrol car.
McLeary reportedly became agitated and reached through the window and "attacked" the officer by scratching him in two places while prohibiting Golden from exiting his patrol car. Golden eventually pushed McLeary away enough to exit his vehicle, but the altercation continued.
Golden states McLeary tried to remove his service weapon as the officer tried to escort him back into his house.
Once inside, McLeary reportedly became violent and began swinging at Golden and spitting at him. He was eventually placed in cuffs.
After McCleary was placed in the patrol car, a search of his bedroom revealed a broken pipe that had been used to smoke marijuana.
When assistance arrived, officials determined McCleary should be transported to a Cape Girardeau hospital for evaluation.
Once the situation settled, McLeary's mother explained to police that he had undressed for a shower and "began acting strangely" before going outside naked. McCleary's mother stated that was the only time she had seen him act in a violent nature.
McLeary was scheduled to appear in court Thursday.