KOCO reports that Tywone Parks has been sentenced to ten years in prison for plotting a shooting spree at Rogers State University in Claremore, Okla.

You may recall that the WynnBlog was instrumental in breaking news of the incident when it occurred. (Click here to see all WynnBlog posts in the Tywone Parks category.) Court records show that Parks pleaded no contest to the charges. Though KOCO reports he was sentenced to ten years in prison, Oklahoma State Courts Network data shows Parks’ sentencing was postponed from today (May 21, 2009) to June 11, 2009. Not sure why the discrepancy. I’ll keep my ear to the ground.

The WynnBlog is proud to announce that it has dubbed July 1, 2008, “RSU Academic Freedom Day.” July 1 marks Dr. Larry Rice’s first official day as president of Rogers State. Chairman Joe Wiley will officially be off the payroll and off the grounds (not to mention out of state). Maybe, just maybe, with some hard work and dedication by Dr. Rice, RSU can undergo a needed and radical transformation of atmosphere.

As a state university, RSU should protect and defend students’ (all students’) rights of free speech, free exercise of religion, and basic fairness. There are many who would argue that those things have not been the hallmark of the Wiley Cartel Administration.

I reassert my hope that Dr. Rice, who I have heard repeatedly is a good man, will make positive changes in the way RSU operates. One bit of advice I would give Dr. Rice (all you RSU readers who visit my blog–yes, I know you visit–can pass this along): be as open and transparent as possible. There is a well-established, though possibly not-spoken, policy within the RSU system that everything’s a secret. No one can talk to people out of their departments. Sharing information is bad. Big brother is watching. Disagreement is not appreciated, welcomed, or allowed. All the animals are equal, but some animals are more equal than others. Individual after individual has filed wrongful termination suits against the university. Ad nauseam.

The time for change is now. Dr. Rice, I have the greatest in hopes for you and your administration. However, as you begin to clean up messes, the best thing you can do is to be open and public with what you have found. Tell the community what you have discovered that is wrong and what you are doing to fix it. Make up where you can. Rebuilt broken relationships and the community’s trust. It’s time, once and for all, to kill that 800-pound gorilla in the room.

Now that Dr. Rice has the full reigns, we’ll be watching with the greatest of expectations.

Happy RSU Academic Freedom Day!

[Update 6/5/2008, 10:15 AM]

The OSCN report now reflects that Tywone Parks waived his right to District Court Arraignment Monday and it has been rescheduled for June 23 at 1:30 PM.

[Original Post Below]

I was at the courthouse for Tywone Parks’ arraignment yesterday. As for details, I don’t have many. It was crowded in the courtroom, so I was sitting in the hallway waiting for Judge Steidley to deal with his sounding docket before they brought prisoners over from the county jail. My plan was to enter the courtroom when I saw the defendants in custody brought over.

At one point, I looked up and saw Parks’ attorney, Jack Zanerhaft, standing the courtroom. I got up and headed for the door to see what was happening, and Zanerhaft came out before I could get there. I heard him tell a sheriff’s deputy that they had not received the transcript from the preliminary hearing so they had requested–and received–a later arraignment. And that was it. I didn’t report it before now because I was hoping to see what the OSCN site reported. As of a few moments ago, it has not been updated since May 19. As soon as I get details I’ll post more.

[Update 5/9/08]

Tom Fink of the Progress has fuller details today.

[Update 5/8/08]

While I was crafting this post, The Progress posted their report on it, too. This once, they have more information than me. You can read their report here.

[Original Post Below]

I was not able to be in the courtroom for Tywone Parks’ preliminary hearing today, but the OSCN site reports the following:

• The state was represented by Abitbal.
• Parks was represented by Charles Graham.
• Witnesses were called and sworn. Testimony was taken.
• Defendant renewed his motion to suppress and defendant’s demur was overruled. The court noted an exception for defendant.
• The court found probable cause that a crime was committed in Rogers County.
• Defendant was bound over for district court arraignment June 2, 2008, at 1:30 PM before Judge Steidley.

That’s the extent of new information I have in the Parks matter. I will do my best to be at the arraignment so that I can provide a more detailed report.

You may have noticed a lack of posts over the last week. Jeane and I were on our first vacation in about four years. We met some friends for a week in Branson, which I have not visited since I graduated ninth grade and went to see Ray Stevens with the Wyricks (Ray’s theater is now the RFD-TV Theater).

The bulk of the week was spent lying around like third base, which we needed. We stayed at the Big Cedar Wilderness Club (a time-share next to the Big Cedar Lodge). The accommodations were beautiful, we got to use all the Big Cedar amenities, and we got a great deal renting it from an owner.

We also ran around town a bit. We hit the new Branson Landing, which is new and clean…and in large part, Woodland Hills Mall outside. I have been hearing everyone cry for a Branson Landing in Tulsa for the last couple years, and my question is Why? I’m not opposed to river development, but we can do better than the Branson Landing. Don’t get me wrong, it’s nice and clean and pretty. The water/fire shows are cool, too. But it was very generic. I saw very few stores that were not part of a chain. We ate at Garfields. We visited Bass Pro, and Lids, and Yankee Candle, and Rockie Mountain Chocolate, and Bath and Body Works, etc. I guess what I am saying is that there wasn’t much Branson to the Branson Landing. You literally could have picked it up and plunked it down in any other city, and nothing would be out of place or not fit in. I’m a little sad we didn’t spend some time exploring the historic parts of the city, and we will next time.

We, of course, did hit Silver Dollar City (and I bought Season passes, which is why we have to make at least one more trip this year). It’s the beginning of their season, so they aren’t open everyday. I had a real Clark Griswold feeling when we pulled up to the park on Wednesday and the sign said “Closed Today.” Fortunately, we made it inside the park on Thursday, without kidnapping a security guard at BB gunpoint.

I hadn’t been since I was a little kid, and it was fun. I mean, let’s be honest, in large part it’s a huge gift shop that they charge admission to, but it’s still cool, and they have their marketing down pat. Jeane loved the glass blowing and we bought a couple very nice pieces. We rode a couple rides, and Jeane picked an oyster which had a size 7 pearl in it! We bought some apple butter, and ate a funnel cake. Just a relaxing day being a Branson tourist. Asleep at the Wheel will be at the Silver Dollar City Amphitheater in September, so that may be when we return.

Around town, we visited the Hollywood Wax museum, which was pretty good. They have some proportion issues with some of their exhibits where the heads are way too huge for the bodies or visa versa. On the other hand, some models were very good.

We also visited the Titanic museum, which was excellent. You get to touch what a real glacier feels like, see many artifacts from the ship, see a scale reproduction of a third-class cabin (which was quite elegant for third-class travel at the time), see a reproduction of the Marconi room, walk up the Grand Staircase, see video from the underwater discovery of the wreckage, tap out Morse Code, sit in a lifeboat, and see how long you can keep your hand in 28-degree water (the temperature of the Ocean that night). It was a great time.

All in all, we had a great time, and it was wonderful to see our friends. I even taught my friend how to make perfect sausage gravy.

But now, we’re back home and back to work. There’s a lot going on for me right now, so the posting may be sporadic for he next week.

And to quickly update some stories the WynnBlog has been following:

While I was gone, comments on the post regarding the latest Joe Wiley lawsuit (Goff v. Huckill, Wiley, et. al.) were very busy. I can also report that last week, President Wiley and President-Designate Rice called a meeting of Huckill’s department and announced that Sheree Huckill and Penny Pricer are resigning. It is also reported that the Department of Education, which was recently on campus to audit the Trio program, has not yet released its report, which will be public, and has asked for further documentation.

As far as the lawsuit itself, court documents since I last reported include a response to RSU’s motion to dismiss for lack or service and failure to state a claim, which includes my affidavit regarding service of President Wiley in the previous Fellman case as an exhibit. Goff contends that service is good and that Wiley and Company have a history of avoiding service. Goff further argues that if service is deemed not to have been perfected, that dismissal is not the proper remedy. RSU has responded asking that the exhibits be stricken and the case dismissed. I’ll update you when there is more, and especially when the judge rules on the motions.

There’s nothing new in the Tywone Parks case that I know of. The next thing down the pike is the issue preliminary hearing on April 29.

And, lastly, the Oklahoma Supreme Court reversed themselves on their recent decision regarding redaction of personal information from court filings and ending online access to court documents. Bully for them. I’d still look for changes, but they may do a little study of the issue before their next order.

The WynnBlog had a reporter (me) present in the courtroom this morning for Tywone Parks’ scheduled no-issue preliminary hearing. Due to a scheduling conflict on the part of Parks’ attorney, Jack Zanerhaft, Parks is set for the issue docket, April 29, 2008, at 9:00 AM.

During the appearance, Zanerhaft informed the court that he had this morning filed a motion to dismiss. I, of course, got my hands on it for you. It’s fairly short, sweet, and lacking in specificity, arguing to dismiss all felony charges based upon constitutional grounds, specifically that the language of the statute under which Parks is being prosecuted violates the First, Fifth, and Fourteenth Amendments to the U. S. Constitution.

See the Motion to Dismiss for yourself here.

On a related matter, the Oklahoma State Courts Network site is showing that the three young women who initially applied for and received temporary emergency protective orders against Parks have now had their protective orders made permanent, expiring March 15, 2011.

Stay tuned to the WynnBlog for the latest.

Ashli Sims of the News on 6 reported on the Tywone Parks incident on the 10:00 news tonight. The TV version was very similar to what was reported here.

I take issue with only one thing: RSU was locked down. It’s how I first heard about the incident. Though the lockdown was not campus-wide, it did occur and was reported in the Claremore Progress (but never posted online) as merely a precaution. The Progress later reported that the lockdown was predicated on what Claremore Police Department Assistant Chief Stan Brown said may have been “embellished information.”

Here’s the audio from KOTV’s report:

Ashli Sims Reports on Tywone Parks Incident – 2:21

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[UPDATES IN RED]

[March 10, 2008 @ 3:15 PM]
The WynnBlog was contacted earlier today by Claremore Police Assistant Chief Stan Brown in regards to my original post (see below) and the Oologah Lake Leader online report from last Friday and Saturday. Chief Brown, who I will again state has been forthright and cooperative from the beginning of this incident, wanted to reassure me that there was indeed a properly executed probable cause affidavit signed and sworn that resulted in Parks’ arrest warrant being issued by Judge Steidley. He stated that the “Probable Cause Affidavit” I have posted on my blog is not the actual probable cause affidavit (rather, it is a standard form used as a book-in sheet at the jail–even though it says “Probable Cause Affidavit” on the top). He further suggested I could get the probable cause affidavit at the court clerk’s office.

I have been through the court file at the clerk’s office numerous times and, in fact, have copies of the entire file. A signed and sworn probable cause affidavit was not present in the file. I spoke with the court clerk this morning, and she re-confirmed that was the case. I shared all of this in my reply to Chief Brown. I also told him of my commitment to update my blog with information as soon as I could confirm it.

As of 1:34 PM today (March 10, 2008), the probable cause affidavit (executed Feb. 22, 2008) was filed in the Tywone Parks case.

What this all boils down to is this: there was a signed and sworn probable cause affidavit used to get the arrest warrant from Judge Steidley (without which I am confident that Judge Steidley would not issue a warrant). Why was it not in the court file? There’s obviously no good reason. The answer appears to be that the District Attorney’s office did not file it with the clerk when the rest of the charges were filed. All indications are that Claremore Police Department did everything properly and got everything to the D.A.; it was the District Attorney’s office who flubbed the filing of the affidavit with the court clerk.

The good news is that everything was done properly, which will preclude any argument for release due to there not having been a properly sworn affidavit. My main concern was that Parks, who very obviously needs to be in custody for both his and others’ safety, would successfully argue that his arrest was not properly authorized and consequently be released. That will not happen.

Here’s the PDF of the Probable Cause Affidavit

In addition to previously disclosed information, the affidavit swears to the court that:

• Parks offered to kill a person named “Gaft” to better his fraternity (”the organization”)
• Writings in Parks’ apartment stated he wanted to choke the life out of Gaft (and cut Paula’s head off and put it in his freezer)
• Two guns (at least one loaded) were recovered from Parks’ apartment and one (magazine loaded) from his car. (I’ll state again that possessing weapons–even loaded weapons–is not illegal. The magazine-loaded gun in his car would be illegal without a concealed carry permit.)
• There was other disturbing writing recovered from Parks’ apartment with the search warrant, especially in regards to doing violent harm to women (you’ll have to read it yourself).
  

And that’s all I have for now.

[Original Post]

Folks, I wish I did not have to report what I am going to report today. But, in the interest of the public, I must. Here goes:

I have finally gotten my hands on the actual charges filed against Tywone Parks in Rogers County District Court. I also have copies of the probable cause affidavit that led to an arrest warrant being issued for Mr. Parks. That’s the disturbing part. I’ll get to it in a second.

First, as previously reported here, Mr. Parks has been charged with violating 21 O.S. 1378(c). Specifically, the felony charges state:

COUNT 1 PLAN/ATTEMPT/CONSPIRE TO PERFORM ACT OF VIOLENCE- a FELONY, on or about the 18th day of February, 2008, by devising a plan, scheme and/or program of action to cause serious bodily harm or death of another person with intent to perform malicious act of violence to wit:

To plan, scheme and/or program or action to cot [sic] off the head of Paula Blalock and stick in his freezer by obtaining a mall [sic] and practicing said act by cutting off the head of a dog and seeking information on hiding something the size of a small boy,

And further to plan, scheme and/or program of action to commit violence or kill Brandon Gaffney by having weapons and outlining his plan in writings,

And further to plan, scheme and /or [sic] formulate a program of action to commit a Rogers State Massacre involving the shooting of eight students by then and there having weapons and writing a plan of action.

This is the first time since I have followed this case, which has been from the beginning, that I have seen or heard Brandon Gaffney’s name. There was testimony about Parks’ allegedly having left dog organs and/or blood on/near/under an individual’s vehicle. That individual was not named in the testimony, so this could refer to him, though I have no way of knowing for sure at this time.

The more we learn about this case, the more it is certain that Mr. Parks needs to be away from the public, whether that be in jail (where he currently is) or in a mental health facility (Parks’ attorney has stated in court and in his motion for a bond hearing that

at the conclusion of a mental health hearing that the doctors determined that the Defendant [Parks] is not a danger to himself nor likely to cause harm to others.)

That said, the disturbing part of what I have to report is that records on file with the Rogers County court clerk show that the probable cause affidavit submitted to the court in order to secure the arrest warrant for Parks provides no description of the crimes alleged, neither was it signed nor sworn by any police officer. (See the affidavit here.) Probable cause was determined, based upon the un-signed and un-sworn affidavit containing no description of the alleged crimes committed, by Judge Smith (as best I can read the signature).

The arrest warrant issued by Judge Steidley begins:

WHEREAS, a complaint in writing under oath, has been made to me, and it appearing that there are reasonable grounds…

If the probable cause affidavit the arrest warrant was predicated upon contained no description of the alleged crime and was neither signed nor sworn, where does that leave things? Specifically, does it invalidate the warrant upon which Parks was arrested? If I were in jail on $750,000 bond due to an arrest made on an un-signed, un-sworn probable cause affidavit that contained no description of the crime I was alleged to have committed, I know what my argument would be. I am searching for answers to this question, and I will have updates as soon as possible.

Also, from a civil liberties perspective, I have grave reservations about an arrest warrant being issued when the alleged crime is not described and the affidavit is neither signed nor sworn. Look at it this way: who among us is safe from arrest if the same standard were used? Taken to its extreme, an exactly identical probable cause affidavit could be used to secure an arrest warrant for you or me.

It is a very serious thing when the power of the state is used to take a citizen by force, subject them to a mental health evaluation, arrest them, and hold them with an extremely high bond (for the record, all of which I believe are perfectly justified in this case). I am, however, of the belief that such severe measures should only be done when the letter of the law has been followed. When life and limb is threatened by action of the state, the state should have an overwhelming and properly executed case.

And, the frustrating part of this situation is that from all reports, the police had more than enough evidence to justify Parks’ arrest. Why, then, was the probable cause affidavit not more carefully prepared?

But, you may be asking, why the hubbub, bub? Here’s why. What if, due to the technicalities of the probable cause affidavit having not been properly executed, Parks’ arrest warrant were invalidated and he were ordered released immediately? Several persons, and the community at large, would be at huge potential risk.

The First Assistant District Attorney was unavailable for comment, and the assistant district attorney who returned a telephone call said he was not familiar with the case file and would be unable to answer inquiries until he could review the file Monday.

There’s something to think on for the weekend.

John Wylie of the Oologah Lake Leader contributed to this report.

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As much as I hate making a post about nothing, today I must (but, let’s be honest, I’ve done it before).

I was in Judge Smith’s courtroom this morning for Tywone Parks’ arraignment. Mr. Parks, his attorney (Jack Zanerhaft), and the First Assistant District Attorney (Ray Hasselman) were not. Both attorneys had schedule conflicts, so the Judge passed Parks’ initial appearance to his first available date, the non-issue sounding docket, March 19, 2008, at 9:00 AM. The judge reiterated his statement from the bond hearing that he would specially set an issue setting hearing upon the application of both attorneys.

And that was it. Stay tuned to the WynnBlog for more as it becomes available.

UPDATE: There is, however, news for the WynnBlog. John Wylie, publisher of the Oologah Lake Leader, graciously mentions the WynnBlog’s coverage of the Parks case in this week’s opinion column (second story), where he states:

We aren’t covering this case in detail — it isn’t really our story. The best accounts, including the information here, come from Claremore citizen-journalist Tyson Wynn, whose Wynn Blog (www.tysonwynn.com) has consistently been on top of this story.

At Tywone Park’s bond hearing last week, Judge Smith instructed the District Attorney’s office that he wanted the charges against Park filed by the next court date (which is tomorrow, Mar. 6, at 9:00 AM). Some acquaintances and I were wagering among ourselves as to when the charges would actually be filed. I think I won because I picked 4:25 PM today, and the case was entered into the OSCN system at 4:11:50 PM today. I hotfooted it over to the courthouse to get copies, but the court clerk’s office had not gotten them completely entered yet. I waited a few minutes, but was not able to get copies before the court clerk’s office closed. I will get copies and have more information when I am at the courthouse tomorrow for the arraignment.

What OSCN does show is that two charges have been filed against Parks. The first, a felony, is the one referenced at the bond hearing and cited here previously, 21 O.S. 1393(c):

C. Any person who shall devise any plan, scheme or program of action to cause serious bodily harm or death of another person with intent to perform such malicious act of violence, whether alone or by conspiring with others, shall be guilty of a felony, punishable upon conviction thereof by imprisonment for a period of not more than ten (10) years.

The second charge, a misdemeanor, is outraging public decency, which would appear to be a catch-all for otherwise undescribed crimes. It is 21 O.S. 22:

Every person who willfully and wrongfully commits any act which grossly injures the person or property of another, or which grossly disturbs the public peace or health, or which openly outrages public decency, including but not limited to urination in a public place, and is injurious to public morals, although no punishment is expressly prescribed therefor by this code, is guilty of a misdemeanor.

Otherwise, all I can report is that the case, Rogers County CF-2008-123, has been assigned to Judge Steidley, and the arraignment tomorrow appears to be set before Judge O’Quin. I’ll have more information as soon as humanly possible.