Double Murder Person of Interest Traffic Stop & Search Evidence Admissible
SAN ANGELO, TX -- John Gilbreath’s attorney attempted to have his traffic stop and search evidence suppressed during a hearing at the Tom Green County courthouse Monday.
Gilbreath has been named as a person of interest in the 1988 double homicide of Shane Stewart and Sally McNally.
He was stopped on June 11, 2017 by a Tom Green County Sheriff’s Deputy. Deputy Graham Smith testified that he had information that the vehicle Gilbreath was driving had a defective turn signal after hitting a deer earlier in the day. Department of Public Safety troopers informed the TGCSO that the vehicle may be carrying marijuana.
Smith stopped Gilbreath at the convenience store in Wall on U.S. 87 south of San Angelo. The deputy testified that he smelled burned and leafy marijuana when he approached the vehicle. He had Gilbreath exit the vehicle. Gilbreath told him there were two marijuana joints in the driver’s door.
Smith testified that he searched the vehicle and found a gun, body armor, and a large quantity of marijuana in the trunk.
Gilbreath’s attorney asked the court to suppress all the evidence found in the trunk because the deputy’s probable cause ended with the two joints.
District Judge Jay Weatherby denied the motion to suppress the evidence.
Gilbreath is charged with unlawful possession of a firearm by a felon, unlawful possession of body armor by a felon, possession of methamphetamine and possession of marijuana. His jury trial is set for January 16, 2018.
The double homicide investigation continues.