The Duncan Banner

Local News

January 5, 2010

Motion for judge’s disqualification came from traffic stop

The Banner Staff

WAURIKA — What should have been a simple traffic stop for Dewey R. Richardson Jr., July 20, 2009, in Jefferson County, has turned into a case in which no one will comment.

Judge Jon Tom Staton, who has sat on the bench in Waurika for many years was requested by the state to disqualify himself from the case, according to court documents that were filed Dec. 9 in the Fifth Judicial District Court of the State of Oklahoma.

On Tuesday a ruling was made in Waurika’s open court, but the official court documents have not been filed yet and are not available.

Comanche County Judge Allen McCall from Lawton, who made the ruling, also declined comment.

“It would be inappropriate to comment on a pending case,” he said. That pending case at issue is regarding Richardson Jr. who has been charged with obstructing an officer and resisting an officer. Richardson allegedly fled when Jefferson County Sheriff’s Deputy Eric Lemons stopped him, but was later apprehended and arrested. Charges were under review by the District Attorney’s Office at the close of business on the day of Richardson’s arrest. According to the court documents, Staton allegedly telephoned the defendant’s home that evening, then called Richardson’s father and requested he get an attorney and meet him at the county jail.

Richardson’s father, and local attorney Bill Eakin met at the courthouse.

Review of the documents indicate that Staton’s concern was that a complaint had not been filed against Richardson until Oct. 9 and that when he learned of the arrest in July, he had called Richardson’s home that evening because the defendant had not been brought before the judge for arraignment on that day.

In a response of Staton to the state’s request for disqualification, it was noted that Staton said he would go after hours to the jail for an initial appearance for the defendant to set bail “as he had done many times since becoming judge in Jefferson County.”

Once a defendant is charged with a crime, they have the right to appear before a magistrate as soon as possible, which Staton noted in the documents, had not happened. According to the documents, Staton had requested that District Attorney Bret Burns call him at the jail, but Burns had objections to Richardson being released after normal business hours because the charges had not been filed.

“It would be preferential treatment to do so,” according to documents, in reference to Burns’ statement. Staton set an after hours bond in spite of the state’s objection, and according to the document dated Dec. 9, filed at 2:34 p.m. “in violation of administrative order 95-1 issued by The Honorable George W. Lindley and reinforced by The Honorable Joe Enos, then verbally ordered the Jefferson County jailer to release the defendant without a written bond release after $500 cash was given to the jailer by the defendant’s family.”

The state filed a written motion to disqualify Staton from the case Oct. 9 and a hearing was held before Staton Dec. 9, in which the court denied the state’s motion. A brief in support of the state’s motion indicated that a trial court has a duty to disqualify himself if circumstances exist that could create doubt as to the judge’s neutral status and also to show fairness to both the court and the defendant.

Lemons voluntarily resigned and is no longer with the Jefferson County Sheriff’s office. Richardson’s case is still pending.

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