As State Superintendent of Public Instruction Ryan Walters grabbed headlines for perhaps one of the final news cycles of his stint in office, it’s important to avoid losing sight of other important stories around the state.
For example, two separate grand juries have recommended no charges be filed related to shooting deaths in Oklahoma and Kingfisher counties. In Oklahoma County, a grand jury recommended no charges be filed against officers who shot and killed a man who charged them with a knife, as seen on body-worn camera footage. In Kingfisher County, a grand jury declined to indict a man who shot into a crowd after an altercation at a party.
In other criminal justice news, a former McCurtain County Jail supervisor pleaded guilty Sept. 17 to conspiracy against rights for helping facilitate a violent attack against an inmate, and the embattled Oklahoma County Jail will have new leadership after interim CEO Paul Timmons stepped down.
Additionally, learn about raises for Oklahoma County employees, the latest in a lawsuit regarding the planned American Heartland Theme Park in Vinita, a dispute between high school basketball players and the Oklahoma Secondary School Activities Association in Glencoe and more in this roundup.
Need new glasses? Free eye exams around Oklahoma on Oct. 4
Optometry clinics across the state are offering free eye exams, most during the first weekend in October, as a part of the Oklahoma Association of Optometric Physicians’ sixth annual Giving Sight Day.
Dr. Justice Linsey, the president of OAOP, shared the heart behind Giving Sight Day.
“Good vision is fundamental to learning, working and living safely, yet too many Oklahomans go without care because of cost,” Lindsey said in a press release. “Giving Sight Day is our opportunity to ensure that no matter someone’s financial situation, they can get the eye exam they need to protect their health and quality of life.”
Some clinics will require appointments, while others will be first come first serve. Specific details of locations, dates and patient requirements can be found on OAOP’s website.
Current communities with optometric clinics offering complimentary services include:
- Altus;
- Alva;
- Bartlesville;
- Bethany;
- Bristow;
- Edmond;
- Elgin;
- Enid;
- Glenpool;
- Jenks;
- Lawton;
- Oklahoma City;
- Shawnee;
- Tahlequah;
- Tulsa; and
- Tuttle.
‘Silanskas was behind’ fake messages, other defendants allege in theme park suit
Two of three defendants — Larry Wilhite and Stephen Hedrick — have responded to a lawsuit alleging a criminal conspiracy in the American Heartland Theme Park project by filing motions to dismiss the case. In the suit, 92-year-old Gene Bicknell accused Wilhite, Hedrick and Rick Silanskas of engaging in an elaborate scheme to convince him God was sending text and email messages encouraging his financial support for the project.
Bicknell specifically accused Wilhite and Silanskas of emailing him personalized “Today’s Word” messages and pretending to be a nun named “Sister Catherine,” schemes that used his religious faith to manipulate him into spending $60 million on the project. While Wilhite and Hedrick have hired attorneys, Silanskas has requested an extension until Oct. 25 for him to attempt to find legal counsel.
In Hedrick’s response, his attorneys argued that Bicknell’s filings were “factually thin” on how Hedrick was involved in the scheme.
“While it attempts to allege a wide-ranging fraud orchestrated by Silanskas and Wilhite, the allegations against Hedrick are factually thin, legally insufficient, and fail to establish actionable wrongdoing under federal or state law,” Hedrick’s attorneys wrote.
Wilhite decided to reject “The Ballad of Rick and Larry” framing of Bicknell’s filings, distancing himself from Silanskas by arguing he had no idea the “Today’s Word” messages were fake. Instead, Wilhite — a former gospel singer turned pastor who had a two-decade professional relationship with Bicknell — claimed he had also believed “Today’s Word” constituted messages from God.
“So, when Wilhite began getting devotional text messages titled ‘Today’s Word’ from various random phone numbers in 2021 and 2022 that seemed to be relevant to their lives, he naturally told Bicknell about them. Bicknell was intrigued and asked Wilhite to forward them to him. Wilhite did and the two of them, along with Silanskas, would discuss them regularly. Wilhite also shared the text messages with his family, who found comfort in them and encouraged Wilhite to keep following God’s plan. Wilhite took the messages to be general guidance from God to stay committed to the project and trust that it would all work out,” Wilhite’s attorneys wrote. “Only after Bicknell abruptly fired Wilhite in November 2024 and this lawsuit was filed in July did Wilhite begin to suspect anything untoward involving the Today’s Word messages. The messages began after Wilhite had met and shared his contact information with Silanskas. The messages stopped immediately after Wilhite was fired by Bicknell.”
Wilhite’s argument casts the blame for the entire fake religious messaging scheme solely on Silanskas, who is currently representing himself in the suit.
Former McCurtain County Jail supervisor admits to facilitating violent jail attack
Former McCurtain County Jail supervisor Cody Johnson pleaded guilty Sept. 17 in federal court after he helped facilitate a violent attack on inmate Roper Harris following a 2021 arrest — an attack that left Harris bloody, bruised, limp and partially blinded.
KJRH first reported that prosecutors in the U.S. District Court for the Eastern District of Oklahoma filed felony information on Sept. 8, charging Johnson with conspiracy against rights. Nine days later, Johnson pleaded guilty and received a personal recognizance bond while he awaits sentencing.
Johnson became the first person criminally charged for a series of alleged illegal acts within the McCurtain County Sheriff’s Office. The McCurtain County Gazette had reported on those acts for three years before the Gazette drew national attention in 2023 after releasing a secret recording its editor made of county officials discussing the ideas of killing reporters and lynching Black people.
Authorities arrested Harris on Sept. 15, 2021, for violating a protective order. In his plea agreement, Johnson admitted he knew Harris shared a daughter with the stepdaughter of “co-conspirator one.” The protective order was filed against Harris by the stepdaughter.
A federal lawsuit Harris filed identifies “co-conspirator one” as former McCurtain County Jail administrator Scott McClain.
In the plea agreement, Johnson said McClain called him and told him to give Harris “the royal treatment” by placing him in a cell with “at least one violent inmate” and promising that inmate a reward for assaulting Harris.
Johnson admitted he then spoke with the jail’s night shift supervisor, identified in the plea as “co-conspirator two,” and relayed the plan.
The assault left Harris with significant swelling and bruising on his face, according to the lawsuit. Johnson said when he returned to the jail the next day, he saw Harris’ injuries and called McClain, who allegedly instructed Johnson to retrieve the commissary key from his office and give synthetic nicotine to “inmate one” as a reward for attacking Harris.
The plea agreement states that Johnson recognizes his actions and accepts responsibility as required by sentencing guidelines. Johnson agreed to accept a sentencing enhancement of nine points, with the possibility of a three-point reduction if the judge determines he truly accepted responsibility.
The court will sentence Johnson after completing a pre-sentence investigation. Harris’ civil lawsuit continues in the Eastern District of Oklahoma.
Choctaw Nation Tribal Council approves 10.5 percent increase in annual budget
The Choctaw Nation Tribal Council recently approved a $2.6 billion budget for Fiscal Year 2026, a 10.5 percent increase from FY 2025.
Councilors unanimously passed the budget during their Sept. 13 regular meeting. Choctaw Nation membership now exceeds 230,000, according to the tribe.
“The Tribal Council has shown time and time again their commitment to tribal members,” Chief Gary Batton said in a press release. “Each year, through the council’s guidance and preparation, we continue to improve our services to the Chahta people.”
For FY 26, the Tribal Council projects $3.07 billion in total revenue and $1.91 billion in operating expenses. It expects $48.44 million in maintenance capital expenditures and $689.81 million in cost of goods sold. Overall, the Tribal Council projects $421.63 million in net income after expenses.
“We are honored every year to offer new opportunities to our tribal members,” Batton said. “This approved budget places a $600 million investment back into the reservation for more housing opportunities, health care expansion, education, Chahta language and cultural investments. Our goal is to provide opportunities for a brighter future for our people.”
Batton’s release said the Choctaw Nation plans to hire 115 additional employees in FY 26, which would raise the total number of employees to more than 13,600.
After Facebook comments resurface, Bree Montoya resigns from Norman City Council
Ward 3 Councilwoman Bree Montoya resigned from the Norman City Council during a meeting Sept. 23 after outrage grew over Facebook comments she had made over the summer where she encouraged someone to kill himself.
Montoya’s resignation was reported by the OU Daily:
“I just have one announcement,” Montoya said. “In various capacities, I have served this community since 2008 and I am ready to pursue other interests. Effective immediately, I am resigning as council member for Ward 3.”
Montoya’s resignation comes after screenshots of now-deleted Facebook comments were posted by popular social media account, Libs of TikTok, on the social platform X. In the screenshots, Montoya is seen engaging with another individual in the comments of a KFOR-TV post about the “No Kings” protests, where she encouraged the user to perform acts of suicide.
Montoya told audience members she will “pursue other interests,” but did not address the Facebook posts. After the announcement, around half of the 80-plus audience members clapped.
Reelected earlier this year, Montoya was first elected to represent Ward 3 in 2023, defeating incumbent Kelly Lynn, whose brash social media behavior and bar altercation with a retired educator were driving factors in his electoral loss.
Glencoe basketball players prepare to play as court blocks OSSAA — for now
Four Glencoe Public Schools student-athletes are preparing for the high school basketball season following a court ruling in their favor against the Oklahoma Secondary School Activities Association.
On Sept. 5, following arguments in a lawsuit filed by the students’ families, their coach and Glencoe Public Schools, Payne County District Judge Michael Kulling issued a temporary restraining order against OSSAA, prohibiting the quasi-government organization from declaring the players ineligible to compete in varsity basketball at Glencoe High School.
“Today’s ruling is a resounding victory for four Glencoe High School basketball players and their families. The court not only reinstated the students’ eligibility but also made clear that OSSAA acted in an arbitrary and capricious manner when it stripped them of the chance to compete,” Hannah Whitten, an attorney for Glencoe Public Schools and basketball coach Garrett Schubert, said in a statement.
In August, OSSAA voted 12-0 to reject an appeal to a ruling that denied four boys eligibility in the forthcoming season. OSSAA cited the “Linked Rule,” or Rule 24, in their denial. The rule seeks to prevent students from transferring schools to play for specific coaches.
In response, the parents of the four students, Glencoe Public Schools and Schubert, filed a lawsuit against OSSAA.
According to a transcript of the Sept. 5 hearing, Kulling said Rule 24 had been applied arbitrarily and capriciously against the four students.
“The court finds that the Link Rule, Rule 24, as it has been applied to the plaintiffs in this case, has been applied in an arbitrary and capricious manner,” Kuling said. “These plaintiffs and their families took every step they were reasonably expected to do to try to comply with the rules.”
Before issuing the temporary restraining order, Kulling highlighted his perceived importance of juveniles pursuing athletics.
“It teaches them the values of hard work. It teaches them the values of physical fitness. It teaches them the values of teamwork. It teaches them the values of how to be victorious in a good, meaningful way. And also to accept defeat in a good, meaningful way,” Kuling said. “It teaches our juveniles to hopefully respect authority, to respect their coaches, respect the adult referees and umpires involved in these types of events.”
While the temporary restraining order is allowing the Glencoe plaintiffs to prepare for basketball season, the litigation is ongoing. A status review is scheduled for Nov. 20 to address any issues in the discovery process, according to the Sept. 5 transcript, but it’s at least possible the matter could be resolved before then.
On Sept. 17, plaintiff attorneys Trace Morgan and Michael Burrage submitted a letter of compromise on behalf of the plaintiffs that said they are willing to dismiss the lawsuit if OSSAA agrees to specific terms, including:
- converting the TRO to a permanent injunction to allow the four students to compete during the 2025-2026 academic year;
- agreeing not to punish the involved parties for any of the covered dispute; and
- guaranteeing freedom to speak with the press about the lawsuit.
Kingfisher grand jury declines to indict man who shot into crowd
From Sept. 17 to Sept. 19, a grand jury empaneled by a successful initiative petition in Kingfisher County reviewed the 2020 shooting death of Christopher Robinson. Ultimately, jurors returned no indictments against Benjamin Millis, who fired a pistol into a crowd of people and killed Robinson during a roadside confrontation.
In an interim report dated Sept. 19, the grand jury briefly described its review of the long-controversial shooting and reconvene Oct. 23 “to permit the completion of a formal written report.”
“In this session, the grand jury issued 34 subpoenas, received the testimony of 23 witnesses, and seven exhibits,” the interim report stated. “The grand jury has concluded that there is no reason to believe there is other evidence that needs to be produced for their consideration, including no additional witnesses to be called.”
The original petition to convene the grand jury was submitted May 9 by James Everrett Jones and Lindsey Jones. The petition claimed Millis drove his truck “at a high rate of speed” past the home of Trevor Gritz, where a party was ongoing. Gritz threw an object at the truck, a criminal misdemeanor to which he pleaded no contest in March 2024.
After Gritz hit the truck, Millis stopped and backed up to confront him. Also in the truck were Millis’ friend, his ex-wife and his daughter. At some point during that discussion, Millis fired multiple rounds into the crowd, killing Christopher Robinson. However, Millis maintained the shots were fired in self defense against the crowd of agitated partygoers. While multiple civil lawsuits spawned from the incident, Millis was never charged criminally.
Andrew M. Casey, an attorney representing Millis in the case, issued a letter after the grand jury returned no indictment against his client.
“Mr. Millis has waited over five years for closure and finality from that awful night. He fully cooperated with this investigation at every turn and chose to testify openly before the grand jury. Afterward, the grand jury refused to issue any charges,” Casey wrote. “Mr. Millis’ name and reputation have been cleared. We’ve always known that Ben was innocent of all crimes and now feel that this grand jury’s determination has given long-awaited vindication to that belief. Still, no matter the grand jury’s decision, we are mindful that there is still immense grief from that night. We pray for closure and comfort to this community and to the loved ones of Christopher Robinson.”
Asked if he is using the empaneled grand jury to investigate any other situations beyond the Robinson shooting, Kingfisher County District Attorney Tommy Humphries said he “can’t answer” the question.
Grand jury: No charges for OKCPD officers in Eddie Hill shooting
An Oklahoma County grand jury has recommended that no charges be filed against Oklahoma City Police Department officers who fatally shot Eddie Hill, 41, earlier this year. Four officers were dispatched to Hill’s home June 16 in the 3500 block of Southwest 17th Street in Oklahoma City after a person at the address threatened suicide.
As an officer approached the door, Hill opened it with a knife in his hand. He attempted to stab the officer and continued to move toward him as the officer backed away, according to a press release from Oklahoma County District Attorney Vicki Behenna’s office. Hill was ordered to drop the knife but continued to advance on the officer before he was shot by police, who did not deploy Tasers or other non-lethal force. Hill was taken to a nearby hospital where he died from his injuries.
The four officers were then placed on administrative leave during the investigation. The grand jury heard from two witnesses and reviewed 35 exhibits, including body camera footage from the incident and recorded interviews with the four officers, according to the press release.
After 14 months, hearing in DUI case against woman suing Edmond, OK County delayed again
Facing two felony charges from an apparent medical episode for more than 14 months, Oklahoma County resident Brittany Gordon’s preliminary hearing has been rescheduled for 10 a.m. Monday, Nov. 17, after prior dates set in July and September failed to come to fruition.
In June 2024, Gordon lost consciousness and crashed her car near the intersection of Covell Road and Kelly Avenue while driving with her daughter. Oklahoma County District Attorney Vicki Behenna charged Gordon with child endangerment and driving under the influence of alcohol, despite the immediate results of a urinalysis showing none in her system. Gordon’s mother said her daughter had called her moments before the accident to self-report a panic attack.
During her arrest and subsequent transport and booking in the Oklahoma County Jail, Brittany Gordon became irate and cursed repeatedly at officers, tense interactions that culminated with Edmond Police Department Sgt. Nathan Fountain shoving a handcuffed Gordon. When Gordon fell to the ground in the jail, her leg fractured.
This summer, Gordon filed a federal lawsuit against the City of Edmond, Oklahoma County officials and Fountain, with whom she had a verbal altercation on the way to and inside the county jail. Gordon’s parents said she is diagnosed with a mental health condition that can cause her to lash out at others in stressful situations. They note she was also without her medication for several hours while in custody, which they say contributed to her disposition during the arrest. In her lawsuit, Gordon also alleges that the jail and Turn Key Health failed to provide adequate medical services in response to her leg injury.
Gordon and her parents appeared at the courthouse Sept. 15 for her scheduled preliminary hearing on the felony charges she faces. Gordon’s attorney, Corey Brennan, said in court that he had “made some headway” with Thomas Marrs, the assistant district attorney previously assigned to the case. But Marrs recently accepted a job in Canadian County, which passed the case to Assistant District Attorney Dannye Carpenter, who conferred with two potential Edmond police officer witnesses before agreeing to postpone the preliminary hearing.
“I talked with the officers about what you told me,” Carpenter told Brennan upon returning to Judge Jason Glidewell’s courtroom. “It’s so good to get that surprise.”
For months, Oklahoma County Courthouse chatter has involved concern about the turnover rate of assistant district attorneys. In another case discussed before Glidewell on Sept. 15, attorneys referenced how nine ADAs had handled one case over the last 14 months.
Darryl Gordon, Brittany’s father, spoke after the hearing postponement about the effects of pending charges.
“I don’t know if this has changed, but when I was young, it’s like you could ask people if they’ve been convicted of a felony. That was kind of the standard question,” he said. “But now all you have to be is charged and it’s just like you’re convicted. You can’t get a good job, you can’t pass a background check, so I think that’s the worst thing.”
Kim Gordon, Brittany’s mother, said she feels the long-delayed case is overdue for dismissal.
“They should drop the case and move on,” Kim Gordon said.
Behenna said ahead of the Sept. 18 District Attorneys Council meeting that she was unfamiliar with Brittany Gordon’s case offhand.
Court of Criminal Appeals orders new trial for Jonathan Lopez
While Behenna considers how to handle Gordon’s case and whether to recuse from the investigation involving Oklahoma County Commissioner Myles Davidson — “We’re still reviewing that (decision),” she said Sept. 18 — the conviction in a murder trial she prosecuted personally has been vacated owing to a violation of the defendant’s constitutional rights.
The Oklahoma Court of Criminal Appeals reversed the life sentence handed down by an Oklahoma County jury in March 2023 to Jonathan Portillo Lopez and ordered a new trial for Lopez’s admitted killing of Jordan Ortega in 2021. The appellate court found Lopez’s constitutional right to testify in his defense was violated when District Court Judge Susan Stallings terminated Lopez’s testimony after he referenced Ortega’s prior incarceration “for stabbing somebody.”
Behenna objected that Lopez’s statement violated the terms of a previously discussed evidentiary dispute about whether he knew Ortega’s violent past at the time he shot him. Stallings told Behenna she had two “options” — to terminate Lopez’s testimony or ask for a mistrial. Behenna responded that she would “rather have his testimony terminated,” an outcome the state’s top criminal court found to be an abuse of judicial discretion.
Ortega had been staying with Lopez’s brother in Oklahoma City and was childhood friends with both Lopez brothers, according to the court’s opinion. On the morning of Feb. 20, 2021, Lopez and a friend were at his brother’s house when Ortega suddenly awoke and began acting erratically, according to witnesses.
According to Lopez and two other witnesses, Ortega grabbed a knife, opened the oven, threatened others in the home and began barricading the front door, according to the court record. After an altercation, Lopez shot Ortega four times. Forensic analysis found one shot was fired from a distance and three at close range. At trial, evidence was introduced that Ortega had put on a bulletproof vest, and Behenna said during closing arguments that Lopez had placed the knife in Ortega’s hand after the shooting.
Lopez admitted to killing Ortega, but he argued it was in self defense and to defend others. Behenna’s predecessor, David Prater, argued Lopez’s killing of Ortega was premeditated, and he charged Lopez with murder.
Prior to trial, the judge and the attorneys discussed prosecutors’ looming objection when Lopez would testify that he knew of Ortega’s history, which a prosecutor said included “several quite violent offenses.”
“Before [defense counsel] goes there, she’s going to approach and say, ‘Judge, I’m fixing [to] go down this line of questioning,” Stallings told the parties in a transcript quoted by the appellate court. “And you can raise an objection at that time.”
While Lopez’s attorney, Joi Miskel, agreed to Stallings’ proposed order of events, she teed up the topic for Lopez during the trial as he testified about Ortega holding the knife.
“To your knowledge did [the victim] have a history with having knives in his hand?” Miskel asked.
Lopez responded — “Yes, he’d been to prison before for stabbing somebody” — and Behenna objected. Stallings offered Behenna the two options, and Behenna chose for Lopez’s testimony to be terminated.
On appeal, Lopez’s attorneys argued the decision violated their client’s right to testify in his own defense. The Oklahoma Court of Criminal Appeals agreed.
“Given the circumstances presented here, (the) appellant’s right to testify in his own defense transcends his innocuous evidentiary infraction,” Judge Robert Hudson wrote for the majority. “The termination of (the) appellant’s testimony was excessive and unwarranted and unjustly denied (the) appellant his constitutional right to testify.”
Lopez’s case will return to Oklahoma County where Behenna must determine whether to pursue a new trial, seek a plea agreement or dismiss the matter.
OK County Jail CEO steps down, deputy fired by jail trust
Paul Timmons, who took over as CEO of the troubled Oklahoma County Jail earlier this year on an interim basis, resigned that post Sept. 17 during the monthly meeting of the Oklahoma County Criminal Justice Authority, which is also known as the jail trust. Jail training director Tim Kimrey was appointed in Timmons’ place. Kimrey becomes the third jail administrator in as many years. Prior to Timmons taking over the post, Brandi Garner held it for about a year before departing.
Timmons had resigned verbally on Aug. 14 after an “incident” at the jail, according to KOCO. The news station reported that incident also involved the termination of assistant jail administrator Greg Couch, who was officially fired during the Sept. 17 meeting. No reason was given for Couch’s dismissal. Recently, Couch spoke with NonDoc about a new radar system in the jail that monitored vital signs of detainees. The county jail has seen nearly 60 deaths since the jail trust took over in July 2020.
Kimrey joined the jail staff in 2022.
“I look forward to working alongside our dedicated staff to ensure the safe, effective operation of this facility,” he said in a statement. “Together, with accountability and teamwork, I’m confident we will meet the challenges ahead and strengthen public trust.”
The leadership shakeup comes on the heels of the jail trust’s chairman, Steve Buck, voicing a desire to change the facility through evaluation of virtually every aspect of its operations.
“We are five years old, and it’s time to look in the mirror,” Buck said in June. “I would be making a recommendation to do this even if we were performing at the highest level of efficiency. Self-evaluation is a good and important thing, and it’s time that we do that.”
Raises approved for OK County employees — who don’t work at the jail
The Oklahoma County Budget Board approved a 3.2 percent increase in pay for county employees that includes all elected officials, as per state law. The increase amounts to about $4.4 million in Oklahoma County’s budget, which is already strained amid mounting facility projects and the underfunded jail.
The agenda item passed by a 6-2 margin with District 1 Commissioner Jason Lowe, District 3 Commissioner Myles Davidson, Sheriff Tommie Johnson III, Court Clerk Rick Warren, Assessor Larry Stein and Comptroller Christie Tretheway-Miller voting for the increase. District 2 Commissioner Brian Maughan and Clerk Maressa Treat voted against the proposal.
The increase had been recommended by the county’s Budget Evaluation Team by a 6-2 margin earlier this month. Cody Compton, the sheriff’s general counsel who chairs the Budget Evaluation Team, said the across-the-board increase was necessary to allow county employees to keep up with cost of living increases that have accelerated in recent months.
“Before we instituted the [cost of living adjustments], there was like 12 years before there was ever a change at all,” Compton told board members. “That’s why we started doing the COLA adjustments. It’s kind of like what we discussed on employee healthcare premiums. If we don’t do anything, we’re going to get to the point where we have to do a 30 percent increase on their employee premiums because we haven’t been diligent on keeping that up to date. If we don’t do that on COLAs, we’re going to be in the same boat. We’re going to be seven years down the road and looking at a 30 to 40 percent number. It’s about biting off a small piece at a time.”
Underscoring concerns about the decision, the pay increase does not apply to county jail employees. In recent years, the jail has struggled to retain staff in part because of issues with low pay. Davidson said he was displeased that an increase for those employees wasn’t included. Employees at the jail are technically under the umbrella of the jail trust.
“I believe our employees are our greatest asset and believe we should protect them,” Davidson told fellow budget board members. “I am upset there’s not a pay increase for employees at the jail, because it’s a dire need.”
Maughan told KOCO that the increase would help most county workers.
“It’s not gonna be a whole lot on their paycheck, but it’s something, and that’s more than, of course, what the jail trust employees are going to get, unfortunately,” Maughan said.
