Whitehouse man shot with stolen weapon in his possession turns himself in on warrants for illegal drugs and weapons

A Whitehouse man who was shot by a stolen gun in his possession after he was detained by an off-duty Longview police officer on Nov. 19 turned himself into the Smith County Sheriff's Office on Thursday.

Benjamin Patrick Stacey, 19, was wanted on drug and weapon charges after he was found to be in possession of illegal drugs and weapons when he was detained and accused of burglarizing a residence in the 900 block of Peggy Drive, according to an arrest warrant affidavit obtained from the Smith County Courthouse. 

The document said the Whitehouse Police Department was dispatched to the residence of an off-duty police officer from the Longview Police Department. 

When police arrived on scene, an officer with the department reported two men were already in handcuffs, according to the arrest warrant affidavit. 

The arrest warrant affidavit said the Whitehouse officer found a pistol in the waistband of Stacy's pants during a search.

The gun went off, striking Stacy in the abdomen area when the officer was retrieving the gun from the waistband of Stacy's pants, according to the document. 

Stacey was taken to the hospital and treated for his injuries.  

The arrest warrant affidavit said Whitehouse Police Department was not able to take Stacey into custody the night of the shooting, but issued warrants for his arrest. 

Stacey's backpack was searched at the scene and found to contain about 6 ounces of what was believed to be marijuana, five rounds of .38-caliber ammunition and a gray lock box, according to the document. 

The arrest warrant affidavit said officers located the key to the box and found about 23 grams of what appeared to be marijuana, 108 tablets suspected to be MDMA or ecstasy, 104 tablets alleged to be Alprazolam or Xanax, about 2.5 grams of suspected methamphetamine, 1.8 grams of suspected cocaine, 3.1 grams of what appeared to be psilocybin or mushrooms, a set of digital scales, and clear baggies commonly used to distribute illegal drugs. 

The document said officers conducted field tests and determined the suspected MDMA, meth and cocaine showed positive.  

Officers also determined the .38-caliber revolver in Stacey's possession was stolen out of Tyler, according to the arrest warrant affidavit.  

The Whitehouse Police Department called on the Texas Rangers to investigate the arrest and shooting. 

The document goes on to say the Rangers executed a search warrant for Stacey's cellphone and discovered communications between Stacey and others about buying and selling drugs and multiple photographs of what appeared to be Stacey using different drugs. 

Stacey was charged with manufacturing and delivery of a controlled substance in penalty group 1 weighing at least 1 gram but less than 4 grams, manufacture and delivery of a controlled substance in penalty group 2 weighing at least 4 grams but less than 400 grams, manufacture and deliver of a controlled substance in penalty group 3-4 weighing less than 28 ounces, possession of marijuana weighing at least 4 ounces but less than 5 pounds, theft of a firearm and unlawful possession of a firearm, according to Smith County judicial records. 

As of 3 p.m. Friday Stacey was being held in the jail on bonds totaling $221,000, according to jail records.  

The Whitehouse Police Officer is reported to be on administrative leave.