Jason Clarke
CHICKASHA — Grady County Sheriff Kieran McMullen did not get his day in court on Friday, as his attorney, David Autry, was reportedly tied up in court in Oklahoma City.
That did not prevent Special District Judge Ken Harris from listening to the rest of the evidence against former Chickasha Officer Helen McMullen and Deputy Robert Cacy, co-defendants in the case involving alleged gambling at the Elks Lodge.
The court pressed through lunch and reached a decision by 1:30 p.m.
Of the three felony charges filed against the co-defendants, they each were bound over on one charge. Judge Harris found probable cause that the crime of peace officers engaged in illegal gambling was committed by Helen McMullen and Cacy.
Harris stated that he did not see the basis for the charges of conducting illegal gambling or conspiracy.
Both subjects also face two misdemeanor counts, but those will be decided by a trial court.
District Attorney Bret Burns said in court that he would pursue the conspiracy charge as a misdemeanor if the court failed to uphold it at the felony level.
Friday marked the fifth day of the preliminary hearing which began in January.
Burns only presented one witness Friday morning, continuing the testimony of investigator Dusty Dowdle. Dowdle presented video testimony gathered during his investigation on the Elks, and answered questions concerning both the lack of written reports in the case and how the video was gathered and stored.
Following Dowdle’s cross-examination, the State rested allowing the defense attorneys to argue their points.
“My client played a legal game,” Attorney Mickey Homsey said in defense of Helen McMullen. Homsey maintained there had been no evidence that any of the money paid out to his client was in fact “winnings” and speculated that she may have struck even each time.
Defense Attorney Hank Myers told the court he believed the charges against his client, Cacy, to be duplicated, and if convicted of both peace officer engaged in illegal gambling and conducting illegal gambling he would be serving a double punishment.
The point was mute, however, as both defendants were only bound over on one charge.
Burns announced his intention to have the trial set as early as April 23. Homsey objected, stating he did not have enough time to prepare.
Judge Harris said the matter would not be his decision as it would need to go before District Judge C. Allen McCall.
Harris also said that Burns could expect a date in writing on when to reappear to continue the case against Sheriff McMullen.
