A Duncan man was charged Monday with possessing a firearm while on probation after he walked into a convenience store with a plastic BB gun loaded with plastic BBs.

A court affidavit states that the clerk at the store called the police when Jason Andrew Barrett, 38, went into the store with a handgun, went back out to a car, then returned to the store.

When the officers arrived ,they found Barrett leaned over the rear seat of a car. One of the officers tapped Barrett on the shoulder and asked if he had a gun.

Barrett reached to his left side toward the handle of a gun that was sticking out from his waistband. The officer stopped him and removed the firearm, which turned out to be a black plastic gun with an orange tip, according to the affidavit.

The clerk told police that Barrett had entered the store and stated that he needed to pay for a plastic cup that he took the week before and had not paid for. He went back outside to a car and returned with some change.

Barrett was convicted in 2005 of driving while under the influence of drugs.

An affidavit from that case states that Barrett was pulled over on U.S. Highway 81 north of Duncan for erratic driving. He fell asleep while the officer was giving him a sobriety test.

The affidavit states that Barrett handed the officer a prescription bottle of hydrocodone when he was asked if he had taken any drugs. The officer could tell by the label on the bottle that the prescription had been filled that day with 15 pills, but only two remained.

Barrett told the officer that the rest of the pills were in his dresser at home.

He was on probation for the conviction during Monday’s incident.

One of the rules of his probation is that he is not to possess any firearm, including any imitation or homemade firearm.

He is being held in Stephens County Jail on a $5,000 bond and has a preliminary conference hearing scheduled for May 23.

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