Three of four people who were arrested for possession of Oxycontin during a traffic stop last month will have their cases heard by a Madison grand jury.

During a preliminary hearing Wednesday in Madison District Court, Madison County Sheriff’s Deputy Jason Parker said the four were arrested Aug. 4 after a tip from a confidential informant led police to pull them over.

Parker said the vehicle was stopped for a traffic violation and police officers were given consent to search it.

The driver of the car was Jessica Gibbs, and the passengers were Brandon Spires, Brandon McIntosh and Conley Brian McIntosh.

During the search, police found 10 Oxycontin pills wrapped in cellophane in the back seat, under a child restraint seat, Parker said.

When questioned, Gibbs — the owner of the car — told police she did not know anything about the pills, Parker said.

Spires, who was sitting in the front passenger seat, also denied knowledge of the pills and said, “he was just along for the ride,” the deputy testified.

Conley McIntosh told police he saw Brandon McIntosh throw the pills under the floorboard, and also said Brandon McIntosh purchased the pills, Parker said.

Brandon McIntosh did not make any statement to police, but apparently tried to flee the scene on foot. In addition to first-degree possession of a controlled substance, he is charged with second-degree fleeing and evading police.

Spires’ attorney, Jimmy Dale Williams, argued there was not probable cause to send Spires case to the grand jury. He said Spires was in the front seat, did not know the two men sitting in the back seat and police did not find any drugs in his possession.

Williams also pointed out that Spires was not identified by the confidential informant.

Judge Chuck Hardin agreed, dismissing the case against Spires without prejudice.

Attorney Sean Pearson represented Brandon McIntosh and made a similar argument. But County Attorney Marc Robbins said because Brandon McIntosh attempted to flee, there was probable cause.

Gibbs’ attorney, Michael Eubanks, asked that charges against Gibbs be dismissed.

“It’s clear within minutes of that traffic stop that Conley McIntosh was in possession of those pills,” Eubanks said. “There is no evidence linking Gibbs to those pills or that she knew about it.”

Hardin ruled there was probable cause to send the cases against Gibbs, Conley McIntosh and Brandon McIntosh to the grand jury.

Robbery charge amended

A N. Third Street woman accused of taking $500 at knifepoint from the resident of a Race Street apartment had her charges amended Wednesday and pleaded guilty.

Jeanene Underwood, 22, was arrested Aug. 1 by Richmond police officers for first-degree robbery in connection with the July 20 incident.

Police who responded to the scene of the robbery had recovered $100 from Underwood, but did not take her into custody, said Sgt. Willard Reardon, a spokesperson for the Richmond Police Department.

The arrest warrant was sworn out July 23 following additional investigation, Reardon said.

Robbins agreed to amend Underwood’s charge to theft by unlawful taking under $500.

She pleaded guilty and received a 180-day sentence, with 10 days credit for time served. The remaining 170 days were probated for two years.

Identity theft

The case against Lawrence Seth Smith, who is charged with theft of identity, will go to a Madison grand jury.

Smith is accused of using his grandfather’s identity without his consent to obtain a Capitol One credit card and charging $15,000 to the card.

During Smith’s preliminary hearing, Kentucky State Police Trooper Chris Chenault said he was contacted by the U.S. Postal Service, who had been notified by Capitol One of their suspicions about the credit card account.

Chenault said a postal service investigator obtained a verbal confession from Smith about the card, and that there were pictures of Smith using the card at ATM machines.

He said Capitol One grew suspicious of the account when no payments were made.

Lorie Love can be reached at or 624-6690.

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