The Duncan Banner

Local News

October 30, 2009

Powell’s lawsuit still pending against Richards, others

Toni Hopper

MARLOW — The trial of a federal lawsuit filed in 2008 on behalf of a Marlow couple, against a trio of law enforcement officers in the execution of a warrant in 2007, is expected to be heard in December.

One of those named in the lawsuit is Rodney Richards, who is on administrative leave from the Marlow Police Department, while investigations are conducted surrounding his actions within that department. The current investigation is unrelated to the federal lawsuit.

Richards was a Stephens County Sheriff’s Office deputy, working under then sheriff Jimmie Bruner on June 26, 2007. An Alcohol, Tobacco and Firearms agent, Todd Nunley, was with Richards, when a “no-knock” warrant was served on the wrong residence, said local attorney John Stuart, who is representing Tim and Heather Powell. Court records filed July 21, 2008, request $75,000.

“This is still pending in federal court,” Stuart said Thursday. “This is based upon a 1983 action, the Civil Rights Action.”

Describing the scene of June 26, 2007, Stuart said the officers executed a no-knock warrant on the wrong home, using a battering ram, around midnight. The warrant was for 110 W. Osage in Marlow and the officers entered the Powell residence at 106 W. Osage. The Powells were allegedly told to get out of bed and then handcuffed while they were unclothed. They remained like that for a lengthy period of time, Stuart said.

Stuart said that Richards and Nunley have both been named individually in the lawsuit, and also as officers in their acting roles, Richards as a deputy of the SCSO, and Nunley as an ATF agent. It also names the United States, since the ATF bureau operates under that jurisdiction.

“We’ve taken depositions and discovery is pretty much complete. I’m not at liberty at this point to discuss it,” Stuart said. “There may be other cases — there may be other clients.”

“This is about the third different case that I’ve handled involving officers of the Marlow Police Department (dating back to 2005-06),” Stuart said.

Stuart also represented the family of Mark Enos, who was involved in a pursuit by the Marlow Police Department and died, he said. The settlement was confidential, Stuart noted.

In the federal lawsuit, Stuart said that Richards is being represented by Steve Geries of Oklahoma City and Nunley is represented by the United States Attorney.

Text Only
Local News
  • Comforting memories Duncan’s ambassador honored

    When Tara Harper first saw the memorial bench for her grandfather, Al Hinshaw, she remarked about the sweet sentiment of the inscription. Shortly after that, Harper shed a few tears.

    February 3, 2012 2 Photos

  • Johnson’s bills aimed at District 50 constituents

    State Rep. Dennis Johnson is busy preparing for the upcoming state legislative session, where the eight bills he submitted will be considered.

    February 3, 2012

  • Recognized for excellence Duncan shaped Callahan, Wells lives

    Emily Wininger Callahan and Joseph T. Wells found success in their careers, success both acknowledged was shaped in Duncan Public Schools and the Duncan community.

    February 3, 2012 1 Photo

  • Super Bowl Play 60 -- 02.JPG NFL Play 60 Kids Day gets them moving

    It was kids, kids and more kids Wednesday at the Indiana Convention Center, as 38 classrooms of fifth- and sixth-graders enjoyed a morning at the NFL Experience, courtesy of the NFL’s Play 60 Challenge.

    February 2, 2012 4 Photos

  • They all pitched in 4-H member gives gift of reading

    After experience great success from a Stephens County 4-H Teen Leader Project, Ashley Powers and her three siblings donated dozens of books for use by students at Woodrow Wilson Elementary Wednesday afternoon.

    February 2, 2012 1 Photo

  • Marlow council OKs bid on electrical line over U.S. 81

    Two bids have been approved by the Marlow City Council that will help pave the way for construction of a electrical line to cross U.S. Highway 81 on the south side of the city.

    February 2, 2012

  • Barrington focus on budget, taxes

    As a new legislative tern prepares to kick off in Oklahoma, Sen. Don Barrington has his sights fixed on a number of issues and bills the State Senate will be handling before the summer recess.

    February 2, 2012

  • He earned it! City of Duncan employee retires after nearly 36 years

    After nearly 36 years as an employee of the City of Duncan, Mark Littig celebrated his last day Tuesday by sharing a potluck luncheon his colleagues arranged to honor the work and time Littig dedicated to the city.

    February 2, 2012 1 Photo

  • It was self defense

    The District 6 District Attorney’s Office has chosen to forego making charges against Bobby Joe Dyer in the death of Bryan Dean Miller.

    February 2, 2012

  • SecurityPix 1.jpg Super security goes into place for Super Bowl

    Law enforcement officials charged with Super Bowl security are taking extraordinary measures to prevent a terrorist attack, but they’re also working to keep the event from being a field day for common criminals.

    February 1, 2012 2 Photos