PITTSBURGH (EYT) — The Pennsylvania Superior Court on Wednesday denied an appeal from convicted Rimersburg drug dealer Terry McIntyre.

McIntyre, the ringleader of a methamphetamine ring, was found guilty of the following offenses in March 2017 after a 2 ½-hour jury deliberation:

• Criminal Solicitation to Possess Methamphetamine – 23 counts
• Possession of Chemicals with Intent to Manufacture Methamphetamine – 17 counts
• Manufacturing Methamphetamine (Child Present) – two counts
• Reckless Endangerment – two counts
• Manufacturing a Controlled Substance – one count
• Operating a Methamphetamine Lab – one count
• Conspiracy to Manufacture Methamphetamine – one count

He was sentenced to 19 to 38 years of incarceration in a state penitentiary.

McIntyre appealed the sentence challenging (1) the denial of his pretrial suppression motion and (2) the trial court’s failure to merge the manufacture of methamphetamine with a child present with the manufacture of methamphetamine.

The appellate court — consisting of Judges John Bender, Jacqueline Shogan, and Eugene Strassburger — denied the pretrial suppression motion saying it found that the “trial court did not err in denying the motion to suppress.”

The Superior Court then also affirmed McIntyre’s sentence saying “we discern no error in the sentences imposed by the trial court.”

Case Details:

According to a criminal complaint, Clarion County Probation Officers Kerle and Bloom were searching for a female who was wanted on a warrant and discovered her at 20 Best Road, in Rimersburg. When they entered a trailer at this location, there were three mason jars with white powder residue sitting in plain view. Officer Kerle questioned the subject female about what was in the mason jars, and she said it was meth residue. She also said that “Terry McIntyre and Justin McIntyre had been making methamphetamine on the property. She indicated that sometimes they would make it outside, and other times they would make it in different campers or trailers on the property.”

The complaint states that Officer Kerle also saw a one gallon white plastic bottle that was identified as the bottle that was used to “gas the meth.” Officer Kerle found plastic tubing and the cap to the gallon bottle in the bathroom. He also located a green plastic bottle that had a white chunky substance in it inside the bathroom.

The complaint indicates that “Terry McIntyre and Kayla Dunlap were passed out in a Ford van on the property, and Tonya Barger was in a camper trailer. Justin McIntyre, who is on state parole, came out of one of the mobile homes upon their arrival. A small vial with white powder residue was found in his pocket.”

As a result of his findings, Officer Kerle informed Clarion County Chief Detective William H. Peck and a PSP trooper, both of CNET, of a suspected methamphetamine lab on the property. A search warrant was obtained, and members of the Pennsylvania State Police Clandestine Lab team served the warrant, according to the complaint.

Several “one-pot” methamphetamine labs, methamphetamine oil, “gas generators,” Coleman fuel, pill grinders, silver vials with white residue, drain cleaner, pseudoephedrine, and cut lithium batteries were discovered during the search. All of these items were located in several different locations at 20 Best Road. These items are commonly found in a “one-pot” or “shake-n-bake” methamphetamine lab, the complaint states.

The following items were located in the van that Terry McIntyre and Kayla Dunlap were found passed out in: one gallon of camp fuel, Ronsonal lighter fuel, Allergy Relief (15 tablets), two pill grinders with residue, pack of four AAA Energizer Ultimate Lithium Advance batteries (unopened), and metal containers with white residue.

During the investigation it was learned that the suspects – at various times – purchased Claritin D, a generic form of Pseudoephedrine, lithium batteries, cold compresses, Coleman fuel, and other items needed to manufacture methamphetamine.

Additionally, a known individual told authorities that he/she witnessed “Justin McIntyre, Joseph McIntyre, Terry McIntyre, and Derick Fowler manufacture methamphetamine.”

It was also learned that two children – ages one and three – were present when methamphetamine was manufactured in a structure.

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