The Grady County Gambling Raid - Part 2
The legal battle arising from the raid on the Chickasha, OK Elks Club is polarizing both the city of Chickasha and Grady County, with most government officials siding with the Elks Lodge and Sheriff McMullen against DA Bret Burns.
The legal wrangling between District Attorney Bret Burns and Grady County Sheriff Kieran McMullen took a turn for the worse when Burns on October 2nd urged Grady County Commissioners to remove McMullen from office.
District No. 3 County Commissioner Jack Porter voiced opposition to the idea
of removing the popular sheriff from office and stated that he did not believe
McMullen should resign or be removed from office but should have his day in
court. Porter was quoted in the news media in reference to the
back room gambling at the Elks Lodge as stating:
By statute, it's wrong. Morally, are they doing a lot of good?
I think they are. I think that's what makes this a tough situation.
In what can only be described as 'a weird incident', on October 9th, Grady County Undersheriff Irene Perske somehow managed to shoot herself in the neck. The incident reportedly took place while Perske was cleaning her .40 caliber Glock service weapon. Perske whose husband is Chickasha Police Sgt. Dan Perske survived her brush with death and was taken to an Oklahoma City hospital. She is expected to fully recover from her wounds.
On October 10th, the county commissioners met in executive session to discuss Burns request to remove the Sheriff from office and rejected the idea, deciding instead to let the criminal case run its course.
On October 12th, the Oklahoma Supreme Court suspended former District Attorney Tony Ray Burns, the father of current District Attorney Bret Burns, from practicing law for six months after the elder Burns pled guilty to two felony charges of driving under the influence of alcohol. The senior Burns entered guilty pleas in July 2005 in district court in Caddo County and received a three-year suspended sentence in one case and a five-year deferred sentence in the other.
Friday the 13th was not a good day for the Grady County Sheriff's Office. The other shoe finally dropped. Sheriff's Deputy Lt. Jim Peek, Deputy Delmer Barthelme, and former Chickasha Officer, and current Grady County jailer, Greg Parks were indicted on felony charges in the ever-widening scandal. Deputy Bill Swanson was indicted on a misdemeanor charge.
Peek, Barthelme and Parks were each charged with a felony count of a peace officer engaging in illegal gambling and a misdemeanor charge of willful neglect of duty. Swanson was charged only with misdemeanor willful neglect of duty. Bond was set at $2,000 for Peek, Barthelme and Parks. Bond for Swanson was set at $1,000. All four were released on bond following their arraignment.
News media reports indicate that when the four lawmen appeared before Special District Judge Ken Harris that the judge appeared surprised to discover that the men were still performing their duties and were not suspended. The issue came to light when the prosecution asked the judge to determine if the men could still carry weapons while free on bond. Reportedly the judge asked again to confirm if the defendants were still on duty and upon being informed they were stated that as long as the deputies and detention officer did not take weapons across the state line 'they should be safe'.
With this latest round of indictments, approximately one-quarter of the sworn officers of the Grady County Sheriff's Department are under indictment on criminal charges, yet none have been suspended and all continue to carry weapons and enforce the law in Grady County. At least four other deputies are under investigation by the state's multi-county grand jury.
Commentary and Opinion From Bubbaworld
It is seldom that one finds a district attorney and a county sheriff so at odds. It is even more rare to have one-quarter of a county sheriff's department under indictment and not under suspension. Try as I might I can not recall a single instance in which any law enforcement officer charged with a crime, particularly a felony crime, has been permitted to remain on-duty, carry a firearm and continue enforcing the law, some of which they are accused of violating.
To say that the Grady County gambling scandal is unique would be a gross understatement. To say that we have heard the last of the shocking allegations would be wishful thinking, as several more Grady County law enforcement officers have been called before the multi-county grand jury and additional indictments are not only possible but expected.
Clearly we have seen only the tip of the iceberg of this scandal. Once the District Attorney finishes with Grady County law enforcement he will likely start seeking indictments of those civilians involved in the management and operation of the Chickasha, OK Elks Lodge. These are some of the 'movers and shakers' of Grady County and the city of Chickasha and will likely resist the DA's efforts with every option at their disposal.
The DA's task will not be easy as he is adrift in both a legal and public relations nightmare, one wherein his office must rely upon the sheriff's department for law enforcement and investigation services while at the same time he is accusing that department of widespread corruption and criminal activity. This scenario makes for a criminal defense attorney's dream come true and will likely encourage an increase in criminal activity throughout Grady County.
In the interest of justice both the District Attorney and the Grady County Sheriff should back away from this scandal. The District Attorney by asking the Attorney General to appoint a 'special prosecutor' and the Sheriff by placing himself and his deputies that have been indicted on paid suspension. Anything less on the part of either is only going to make matters worse and Grady County is going to suffer as a result.
