Jason Clarke
CHICKASHA — District Attorney Bret Burns will have to take his battle to a higher court in an attempt to charge a local deputy with gambling.
A ruling by District Judge C. Allen McCall was filed Thursday in Grady County Court upholding the statute interpretation that the statements and admissions of gambling suspects cannot be held against them.
The matter first appeared before Special Judge Ken Harris in January, when Greg Parks, Jim Peek, and Delmer Barthelme appeared for preliminary hearing on charges of peace officers engaged in illegal gambling for alleged gaming at the Chickasha Elks Lodge.
Peek’s defense counsel Steve Buzin introduced the statutory loophole in an effort to protect his client.
The loophole, however, mostly benefited co-defendant Barthelme, his own admission to play the Lodge’s machine being the only evidence against him.
Both Parks and Peek were bound over for formal arraignment, but Barthelme’s case was put on hold while the District Attorney sought to have the interpretation of the statute over turned.
He was not satisfied at the district level.
“This ruling strictly follows the language of §961,” McCall said of Harris’ January ruling, “and effectively prevents the State from prosecuting Mr. Barthelme in this felony case.”
“If ‘absurd consequences’ occur because of a nearly 100 year old statute, the appropriate remedy is legislative actions, or perhaps a Criminal Court Appeal Opinion,” McCall stated.
McCall’s ruling forces Burns on up the judicial ladder to achieve his goal, having to file an appeal with the Criminal Court of Appeals. Burns said he does not know how long they will take to respond.
“Even if we have to go to trial with both hands tied behind our backs, we are still going to take it to a jury,” Burns said, “We can’t allow corrupt officers to continue to operate.”
Burns said the ruling does not affect the cases of the other four defendants, including Grady County Sheriff Kieran McMullen, whose preliminary hearings will continue on Feb. 21. Burns said there is sufficient evidence for those defendants to be bound over without the use of their interviews.
If the Criminal Court of Appeals affirms the interpretation, Burns said, the State would only be dismissing the felony count against Barthelme, and he would still face a misdemeanor count of willful neglect of duty. If convicted of that charge, Barthelme could be removed from his post as a Sheriff’s Deputy.
Unless he is convicted, Barthelme will continue to serve as an active deputy, as Sheriff McMullen has made it clear that none of his employees will face administrative action for being suspects in the investigation.
