Mark Dale McGillem

WARSAW — A Warsaw father was charged with maintaining a common nuisance and neglect of a dependent after his elementary-aged children went to school with marijuana.

Mark Dale McGillem, 422 S. Union St., Warsaw, was sentenced today, Dec. 28, in Kosciusko County Circuit court for charges of obstruction of justice, a level 6 felony; maintaining a common nuisance, a level 6 felony; and neglect of a dependent, a level 6 felony.

According to the affidavit of probable cause, on March 17 an officer with the Warsaw Police Department responded to a drug complaint at Lincoln Elementary School. Upon arrival, the officer spoke with the principal who advised two students had been caught with marijuana.

The two minor students went to school smelling like marijuana. After a teacher questioned one of the students about the smell, one of the students provided a plastic bag of marijuana to the teacher and admitted that he obtained the marijuana from a friend of his brother, Braxton Hughes. The officer performed a security pat on the second student who smelled of marijuana and found another plastic bag of marijuana.

At this point the father of the students, McGillem, was called into the school. With their father present, both students admitted to obtaining the marijuana from a friend of their brother.

The affidavit continues, stating the two students and McGillem led the officer to their residence. As the officer approached the apartment, the door was open and a very strong odor of marijuana came from the open door. When questioned, McGillem admitted that he alerted Hughes through text message that they were on their way.

The officer received consent to search the residence and found Hughes and three friends. Also found were 63 empty plastic bags that were ripped open, 30 butane lighters, a grinder, a ceramic pipe, seeds and a homemade smoking device. Hughes had a pipe that contained marijuana on his person.

The officer then obtained consent to search Hughes’s phone. On the phone were text messages from McGillem including, “cops are on their way to the house to search it,” “get rid of everything” and “almost there with cop.”

McGillem told the court, “I really love my children and want to bring them up the right way … it’s been a struggle this last year.” McGillem asked the court to allow him to serve his sentence on community corrections so he would be able to continue supporting them. McGillem also advised that he had told Hughes to not have marijuana around his house.

Judge Michael Reed stated that he would give McGillem the benefit of the doubt. He also advised McGillem not allow Hughes around the house, stating, “He’s an adult. Your other kids, they aren’t adults.”

For each charge Reed sentenced McGillem to one year at the Kosciusko County Jail, served consecutively. The first two years may be served on community corrections, should McGillem qualify and remain qualified, and the final year was suspended to be served on formal probation.

McGillem has until Jan. 3 to either set up his sentence with community corrections or turn himself in to Kosciusko Sheriff’s Department to begin his sentence.