Archive for the ‘Assault & Battery Laws’ Category

A Moore woman is accused of biting off a pregnant woman’s ear

Friday, July 1st, 2011

A Moore woman is accused of biting off a chunk of a pregnant woman’s ear during a fight.

Traci Diane Matney, 24, was arrested by Oklahoma City police on a complaint of maiming. Police said she was in a fight with Jennifer Delores Garrett, 26, who police said is five months pregnant

Garrett also was bitten in the stomach, according to the report. No charges have been filed.
 
Garrett was dating the father of Matney’s child, police said.

Garrett told police Matney was parked in her car near Garrett’s home in the 2600 block of SE 45 on June 15, waiting for Garrett’s boyfriend to get home.
 
Garrett said she became upset with Matney and asked her to leave, and the two started arguing.
 
Matney was booked into Oklahoma County jail but has been released. Matney also was arrested on failure to comply with an Oklahoma County warrant.
 
Matney declined to comment about the case. Garrett could not be reached for comment.
 
Court documents show Garrett sought a protective order against Matney on June 20. It was denied because her statements did not meet the requirements under state law.

If you have been charged with murder, sex crime, fraud, assault, etc., please contact The Swain Law Firm at (405) 501-0827 for your free consultation.

Law Office of Matt Swain
115 South Peters Avenue NormanOK73069 USA 
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Law Offices of Matt Swain

405-501-0827

Muskogee robber gave victim rag to wipe blood from face

Saturday, June 25th, 2011

A man charged in the beating of a Muskogee laundry attendant said he “gave her a rag to wipe the blood from her face so she could see well enough to open the safe,” after she was hit seven or eight times with a stick.

Prosecutors in Cherokee County filed first degree robbery charges against Jason Robert Paul Kellogg, 21, of Tahlequah, and Steven Eugene Estes, 21, of Park Hill.
 
According to police reports, the two men entered Highlander Laundry and attacked Linda Waterdown with a club or a stick of some sort. Waterdown suffered head injuries and a broken wrist.
 
Estes, who police developed as a person of interest in the May 24 robbery, was arrested three days later on an unrelated charge. After waiving his right to counsel, Estes said he planned and carried out the robbery with the aid of Kellogg, investigators said.
 
Special Agent Jeff Haney of the Tahlequah Police Department, in a probable cause affidavit, said Estes told him Kellogg was the man who struck Waterdown with the stick.
 
“He (Estes) stated he grabbed a quarter bucket and the money bag and the two of them left on foot,” Haney wrote in the affidavit.
 
Oklahoma Corrections Department records show Estes has prior convictions for larceny and burglaries that date back to 2007. Kellogg was released from prison April 22 after serving part of a four-year sentence for a second-degree burglary conviction.
 
Both men are in jail in lieu of $50,000 bond.

If you have been charged with murder, sex crime, fraud, assault, etc., please contact The Swain Law Firm at (405) 501-0827 for your free consultation.

Law Offices of Matt Swain

405-501-0827

Man Injured In Fight Over Green Beans, Oklahoma City Police Say

Thursday, June 23rd, 2011

Police arrested an Oklahoma City man after a fight with his brother that apparently started over a girl not eating her green beans.

Franklin Keith Hooper, 60, was arrested on a complaint of assault and battery with a dangerous weapon. Police said he hit his brother, David Hooper, 58, with a wooden bat, breaking his arm. Franklin Hooper was booked into the Oklahoma County jail on Sunday and released Wednesday on $9,000 bail.

Neither man would comment when contacted by telephone on Thursday.

The altercation started at Franklin Hooper’s house on SW 53 when he threatened to hit his 5-year-old great-niece in the head because she would not eat two green beans during lunch, according to a police report. His brother told police they often have lunch at Franklin Hooper’s house after church on Sundays.

After the girl was threatened, David Hooper became upset and the two began arguing.

Franklin Hooper retrieved a baseball bat from his bedroom, police said. David told officers Franklin hit him in the left forearm with the bat.

According to the report, David Hooper said he put up his arm to block the bat from hitting him in the head.

X-rays revealed the victim’s forearm was broken in two places and parts of the bone were shattered, police said.

If you are being charged with a criminal offense and need legal assistance, please contact The Swain Law Firm at (405)501-0827 to receive a free consultation.

Law Offices of Matt Swain

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Oklahoma City woman accused of beating 14 yr old

Friday, June 17th, 2011

An Oklahoma City woman accused of beating her 14 year old grandaughter chocked the girl and smashed a glass perfume bottle on her head, according to a police affidavit.

Susan Marie Tessner, 51, was booked into the Oklahoma County jail on complaints of child abuse, domestic abuse by strangulation and assault with a deadly weapon. She remains in custody on $25,000 bail.

Officers said the victim had scratches on her neck, bruising on her nose and a laceration on the back of her head after the beating.

The victim told police she was at a friend’s house and Tessner went over there about 6 p.m. Sunday and was mad for an unknown reason. Tessner began choking the girl, police were told.

Tessner grabbed the girl’s hair and pulled her out of the house where she repeatedly punched and kicked the teenager, witnesses told police.

The girl then went back home with Tessner, who police said is her legal guardian. The girl said she was then struck on the head with the perfume bottle.

The victim said she fled from the house to another family member’s home.

If you have been charged with murder, sex crime, fraud, assault, etc., please contact The Swain Law Firm at (405) 501-0827 for your free consultation.

Law Offices of Matt Swain

405-501-0827

Marine on leave from Afghanistan stabbed at strip club outside Stillwater

Friday, May 27th, 2011

A Marine corporal on two-week leave from Afghanistan was stabbed in the parking lot of a strip club east of Stillwater.

“At first, I thought hed just punched me. Then I turned around to keep fighting and someone was like, ‘Hey, you just got stabbed,“’ said 22-year-old Damion Galley of Wellston.

A man used a knife to slash Galley’s side at about 2 a.m. Thursday in the parking lot of the Doll House on State Highway 51 east of Stillwater.

Galley said he went outside and found two people trying to fight his friend. They had been making snide comments earlier inside the club, he said.

Galley said he punched one man and broke his jaw. Galley’s brother-in-law Joe Boudreaux said the punch rang across the parking lot.

“One punch, you could hear it way across the parking lot — POW! I was like “holy cow, dude,”  Boudreaux said.

Then Galley was stabbed. The injury caused his lungs to bleed, but Galley was in good condition today at Stillwater Medical Center, a hospital spokeswoman confirmed. Galley is expected to be released Friday.

Galley plans to return to Afghanistan Monday, he said.

The name of the man whose jaw was broken could not be obtained. His condition could not be verified.

The Payne County Sheriff’s Office is investigating the altercation.

Sheriff R. B. Hauf did not return several calls Thursday about the altercation, but the sheriff’s office released a radio log summary that claimed deputies found blood in the Doll House parking lot at about 2:20 a.m. Thursday.

“It appears someone poured some water over it to wash it away,” a deputy wrote for the summary.

The log states a man named Mark Haskins is a suspect in the stabbing.

Stillwater police pursued Haskins, 27, in a sport utility vehicle east from 12th Avenue and Washington Street to 19th Avenue and Jardot Road, the log says. They lost track of him, but sheriff’s deputies arrested him later Thursday, Boudreaux said. Details of the arrest were not available.

Haskins was in the Payne County Jail, a jailer confirmed Thursday afternoon. He was being held on complaints of assault and battery with a dangerous weapon, destruction of property and public intoxication. His bond was scheduled to be set Friday afternoon.

Law Offices of Matt Swain

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Cherokee police officer receives deferred sentence in sex case

Wednesday, May 25th, 2011

A former Cherokee police officer has been given a deferred sentence in a case involving accusations that he refused to respond to a dispatcher’s call because he was having sex with a woman he met at a courthouse.

David Cole, 46, was given a 7 year deferred sentence after pleading guilty May 11 to a charge of aggravated assault and battery.

A rape charge was dismissed, said Westline Ritter, assistant district attorney.

Cole told investigators he had a consensual sexual encounter with a 19 year old woman who was facing drug, drunken driving and harboring a fugitive cases.

In an audio recording of the incident, the woman can be heard asking Cole to remove his shirt, gun and belt, according to an arrest affidavit.

Also heard on the recording is Cole’s cell phone ringing and Cole telling a police dispatcher he would not respond to a call involving a car driving erratically.

Prosecutors said Cole offered the woman money and a phone card in exchange for sexual activities.

The woman told prosecutors she felt intimidated because Cole had his gun and gun belt on.

In addition to the assault charge, Cole pleaded guilty and was sentenced to 76 days in jail for soliciting prostitution and received a one year suspended sentence for willful omission to perform duties of a public officer.

Law Offices of Matt Swain

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Bar Fight Leads To Deadly Police Chase

Tuesday, March 29th, 2011

In Midwest City a bar fight led to a police chase that ended in a crash that killed a Del City man early Friday.  John benjamine Spencer IV was killed in the crash.  He was a passenger in a pickup that led police on a chase after a fight at Snarky’s Hide A Way.  Police Chief Brandon Clabes said officers were called about 1am to the bar, where a fight spilled into the parking lot.

Edward Chester Stepien of Del city had been knocked to the ground with several people standing over him.  Clabes said Three of those people got into a pickup.  The driver identified as Jason Hold of midwest city, then tried to run over Stepien.

Assault and battery are two distinct common law crimes that exist in all American jurisdictions, usually as statutory misdemeanors. Battery involves actual physical contact with the victim and is defined as conduct producing a bodily injury or an offensive contact. Assault, on the other hand, does not include physical contact with the victim and is classified as either an attempt at battery or an intentional frightening of another person. Although the term assualt and battery is frequently used when a battery has been committed, one who commits a battery cannot be punished for committing an assault, since the lesser offense of assault blends into the actual battery

Law Offices of Matt Swain

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Arrest Made In Shooting At Oklahoma City Bar

Wednesday, March 16th, 2011

U.S. Marshals arrested Todd Coker on multiple outstanding warrants after a search intensified following a shooting March 8 at a local bar, oklahoma city police report.  Coker was being held in the canadian county jail Tuesday with bail set at $100,000, a jail spokesman said no charges had been filed as of yet.

Marshals tracked Coker into Canadian County, where they arrested him Friday on complaints of shooting with intent to kill, possession of a firearm after a felony conviction and previously existing outstanding warrants.

Law Offices of Matt Swain

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Edmond Memorial Student Held In Fight

Monday, February 28th, 2011

In Edmond one student was taken to the hospital and a football player arrested after an assault was reported Friday in a restroom at Edmond memorial High School.  The incident happened shortly after the first lunch period of the day.

Shakil fields was arrested on a complaint of aggravated assault and battery.  Fields is listed on site as a senior defenseive lineman.  He is listed as 6 foot 1 and 270 pounds.

Edmond police said a student who was in the restroom said he heard someone use a racial slur and asked who said the word.  Another student in the restroom repeated the word.  Witnesses said a student they identified as Fields began hitting and kicking another student age 15 who was taken to St. Anthony Hospital with what police said were not life threatening injuries.

Law Offices of Matt Swain

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3 Charged In City Police Officer’s Beating

Monday, February 28th, 2011

An oil field worker and two friends were charged Friday in connectionwith a bar fight that partially paralyzed an off duty Oklahoma City police officer.  The three men were charged in Oklahoma County District Court with maiming and conspiracy to commit assault and battery upon a police officer.  They face up to 17 years in prison each if convicted of both felony counts.

This all happened at a bar in Oklahoma that faces investigations into secret owners and violations of Oklahoma Alcoholic Beverage laws.

Law Offices of Matt Swain

405-501-0827