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October 14, 2012

Driver charged with pointing firearm from vehicle

Derrick Miller The Duncan Banner

DUNCAN — A $30,000 bond was set for a Duncan man, who was arrested in Grady County, following an alleged road rage incident.

Heath Lee Eberhart, 32, is facing charges including feloniously pointing a firearm and possession of burglary tools.

Eberhart was arrested with Kenneth Ray Jenkins, 34, of Lacleed, Mo., who is facing a misdemeanor charge of transporting a loaded firearm.

According to the affidavit filed with Grady County District Court, “(The alleged victim) called and reported that a road rage incident occurred a mile marker 85 on I-44 in Grady County.

She observed two white males in a white car change lanes in front of her.

“The driver then rolled the window down and pointed the firearm out the window at the victim.”

The woman contacted the Oklahoma Highway Patrol to report the alleged incident and provided her information. Lt.. Roger Peck located the vehicle at SW 89th at I-44.

“Affiant detailed Heath Lee Eberhart and Kenneth Ray Jenkins,” according to the affidavit.

A woman was also in the vehicle, who gave consent to search the vehicle, according to the affidavit.

“Affiant asked Heath Eberhart is he had any weapons on him. He stated he had a gun in his car,” according to the affidavit. “Jenkins also said there was a firearm in the car.

“Two firearms were found: A Ruger 9 mm and Taraus 9 mm. Jenkins volunteered that the Ruger pistol was his.”

According to the affidavit, the female passenger, after mirandized, said she saw Eberhart “change lanes with the victim. Then he rolled down the window and stuck his hand out at the victim near the rest area.”

Lock picks were allegedly found in the car, and Eberhart said the lock picks were his, according to the affidavit.

Eberhart and Jenkins were arrested and taken to Grady County Jail. Their initial appearance in jail was Oct. 1.

They will appear in court to announce their attorneys at 9 a.m. Oct. 26, with their preliminary hearing conference set for 1:30 p.m. Nov. 7.

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