Attempted murder suspect faces new drug charges

Police found methamphetamine, heroin and marijuana during a search of Marcus McGee's home.

Joshua Kellogg
Farmington Daily Times
  • Defense attorney believes search of safe might be illegal
  • McGee is accused of attempted murder and drug trafficking in separate criminal cases
  • A hearing is scheduled to review motion to hold McGee without bond.
Marcus McGee

FARMINGTON — A Farmington man accused of drug trafficking and attempted murder is facing new drug charges after officers allegedly found methamphetamine, heroin and marijuana during a search of his home.

Marcus McGee, 42, was charged on May 24 in Farmington Magistrate Court and is accused of two second-degree felonies for trafficking methamphetamine and distribution of a controlled substance, according to court records.

He also is facing misdemeanor charges for possession of a controlled substance, use or possession of drug paraphernalia and a petty misdemeanor for marijuana possession. 

Members of the Farmington Police Department and the Region II Narcotics Task Force executed a search warrant on McGee's house on May 23 on West Apache Street in Farmington, according to the probable cause statement.

More:Man charged in shooting requests court delay

While searching the home, officers found a safe inside a bedroom closet in the residence. McGee told police he did not have the code for the safe. 

Police said they were able to force the safe open and found substances that tested positive for methamphetamine and heroin. McGee told police the substances were for personal use.

Items recovered in the search included a small plastic baggie containing mushrooms, a rifle, a shotgun, a clear pipe with unidentified residue and two digital scales.

More:Man charged in attempted murder released on bond

Eric Morrow, McGee's attorney in four pending cases in district court, said McGee has not officially hired him for the new charges. Morrow anticipates he will be hired.

Morrow said he believes the new charges will be dismissed, and he raised questions regarding the legality of the warrant used by officers to search McGee's home. 

"I believe they needed a warrant to open the safe," Morrow said. 

He added police needed separate permission to open the safe unless there was language in the warrant to permit it.

San Juan County Chief Deputy District Attorney Dustin O'Brien said he did not know the specifics of this case.

He said generally the language included in warrants allows law enforcement personnel to search places where drugs likely would be found, including a safe.

"That's usually a place drugs can or likely will be found," O'Brien said.

McGee has also been charged with attempted first-degree murder and evidence tampering in connection with the Jan. 1, 2016 shooting of Shah Malik at Malik's residence in Farmington, according to The Daily Times archives. 

He is facing three drug trafficking charges in two separate criminal cases, along with two felony drug charges in a third case. 

Morrow took over McGee's cases on May 22 and plans to file a continuance for jury trials scheduled for June 12-14 on the charges in district court. 

A hearing is scheduled for 3 p.m. Monday in Aztec District Court regarding a motion filed by the county DA's Office to revoke McGee's conditions of release and hold him without bond.

He was being held at the San Juan County Adult Detention Center this afternoon on a $100,000 cash-only bond.

Joshua Kellogg covers crime, courts and social issues for The Daily Times. He can be reached at 505-564-4627.