shooting

Wanette man jailed in shooting incident

A Wanette man was jailed Monday on a shooting with intent to kill complaint after his friend suffered a gunshot wound to the head during an alleged argument.

Pottawatomie County Sheriff’s Capt. Travis Palmer said deputies responded about 1:30 p.m. to a home on Trousdale Road, about one mile west of SH 102 in the Wanette area.

The shooting victim, Randall Roberson, 53, had called 911 for help, Palmer said, and told dispatchers the suspect, Jerry Miller, 62, was still inside the home.

After calling to report his injury, Roberson flagged down a propane truck driven by the Wanette firefighter, who drove him to the end of the road to await an ambulance, Palmer said.

Deputies responded to the scene. Roberson, who suffered an injury along the top of his head, Palmer said, was taken by REACT EMS to Unity Health Center for treatment. Medi Flight was originally called, but wasn’t needed, Palmer said.

Roberson told deputies he was at Miller’s home when the two of them, who are friends, got into an argument. Roberson told authorities he was watching TV when Miller left the room and returned. He allegedly “pointed a gun and pulled the trigger,” Palmer said.

Roberson told deputies Miller was still inside the home with weapons. Deputies, along with the District Attorney’s Drug and Violent Crime Task Force and tribal officers, set up a perimeter around the home and tried to negotiate with Miller, Palmer said, but Miller wouldn’t answer the phone or bullhorn calls from outside.

After about 30 minutes, Palmer said law enforcement officers breached a door to make entry, where Miller, who was reportedly asleep, raised up from the sofa and complied with commands. Palmer said Miller told deputies he didn’t know about anyone getting shot.

Deputies said they found a .22 caliber rille inside the home and arrested Miller on a complaint of shooting with intent to kill. He was booked into he Pottawatomie County Public Safety Center. Formal charges have not been filed.

While the incident remains under investigation, Palmer said it appears both men were drinking alcohol at the time of the incident.

Prague man bound over in wife’s shooting; two charges added

A Prague man charged in the September shooting of his estranged wife appeared in court Tuesday for a preliminary hearing, where he was bound over for trial on the one count filed, with the judge suggesting two additional counts based on the evidence presented.  Phillip Mlynek, 59, was originally charged in Pottawatomie County District Court with assault and battery with a deadly weapon, a felony, after his wife, Shirley Mlynek, suffered injuries to both legs from a No. 4 buckshot.  At the conclusion of Tuesday’s hearing, held for a judge to determine if there’s enough evidence for a case to proceed, Special District Judge David Cawthon bound Mylnek over on the assault count. Because of evidence presented, the judge suggested charges be amended to also include counts of feloniously pointing a firearm and maiming, court documents show.

According to court records, the Mlyneks were married in 1975 and were going through a divorce at the time of the alleged shooting incident, with court records showing Shirley Mylnek filed for divorce in August.  Sheriff’s deputies who investigated this case said she was staying at her son’s home, located in the panhandle of rural Pottawatomie County, which is where the alleged shooting occurred.

Reports in the case show Shirley Mylnek told deputies her husband confronted her with a shotgun when she arrived home and asked her to sign some paperwork that would entitle him to land they own.  Phillip Mylnek was taken into police custody after taking his wife to the Prague hospital for treatment of her wounds, documents show.  First Assistant District Attorney Russ Cochran represented the state; Mylnek was represented by Attorney Cregg Webb.  Mylnek’s $55,000 bond remains in effect and he is to have no contact with Shirley Mylnek; his arraignment date to enter a plea is now scheduled February 2nd 2011.

Crime spree charges split between two counties

Two suspects originally charged in Seminole County with 22 felony counts relating to a September crime spree from Konawa to Tecumseh will have their charges separated as six of those charges are now filed in Pottawatomie County District Court.
Charges relating to a Seminole and Pottawatomie County crime spree were all filed in the county where the spree originated. The suspects were caught Sept. 7 following a spree that included numerous carjackings, armed robberies and a shooting.
Arrested and charged were Jason Kenneth Dimaggio, 31, and Roberto Dale Cardenaz, 44, who are both from California.
According to court documents, both suspects had preliminary hearings scheduled Monday in Seminole County District Court on the counts there. Those hearings were postponed until January after six of the charges were dismissed there and then filed in Pottawatomie County for the specific crimes in this county.
The duo’s alleged crime spree began in Konawa, moved to Maud, then to the Ralph’s Pharmacy in Tecumseh, where the pair split up. Cardenaz was arrested on SH 9 following a pursuit to the Norman area, while Dimaggio was found a few blocks away from the Tecumseh pharmacy after the town was placed on lock down for a manhunt. The spree began with the most serious offenses occurring in Konawa, where the men allegedly assaulted a man and shot another during a carjacking.
The two are charged in Pottawatomie County with robbery with a weapon, accused of robbing Alice Christopher at a Maud church by taking vehicle keys and a vehicle belonging to her.
In a count of assault with a dangerous weapon, they are accused of assaulting Sheriff’s Capt. Travis Palmer with an automobile during a pursuit. They also are charged with eluding a police officer and conspiracy to commit a felony.
In connection with the robbery of Ralph’s Pharmacy in Tecumseh, both are charged with robbery with a weapon, accused of taking narcotic pills from Pharmacist Joel Scott Tucker. They also are accused of assault with a deadly weapon for shots fired during that hold-up.
Both are scheduled for an initial court appearance for the Pottawatomie County charges on Wednesday. Their preliminary hearing dates in Seminole County haven’t yet been rescheduled.
Watch for updates.

New developments in Saint Louis shooting

An investigation into a fatal shooting in Saint Louis Saturday evening is continuing as detectives conduct interviews and await firearm testing to prepare the case for review by the district attorney, who may have to determine if the case falls under the state’s “Stand Your Ground” law.
Timmy Jordan, 46, died as a result of the shooting. Pottawatomie County Sheriff’s Investigator Mike Carnell said the shooting occurred in the Saint Louis area at 32290 Brangus Road, which is the residence of Ricky Wallgren Jr.
The investigation is still ongoing. Preliminary reports from the probe now indicate Wallgren was out in his yard when he saw a 4-wheeler occupied by Jordan and his 11-year-old son pull up to the gate of his residence, which had a large stop sign and a “no trespassing” sign, Carnell said.
Jordan and his son allegedly climbed the gate onto Wallgren’s property and walked about 155 feet up the driveway, Carnell said, with Jordan carrying a bag with a visible green leafy plant believed to be marijuana.
When Jordan confronted Wallgren, Carnell said Wallgren told Jordan to leave the property. Wallgren’s children were at home, but were told to go inside the house, he said.
During the confrontation, Carnell said it appears Jordan reached into the bag he was carrying and pulled out a .380 caliber pistol. A short scuffle over the gun ensued, resulting in Wallgren getting the weapon away from Jordan, the detective said.
When Jordan allegedly went after Wallgren, Carnell said the homeowner reportedly fired the pistol twice, hitting Jordan in the head. Jordan died at the scene.
Authorities are conducting interviews and following all leads in probing this case. Carnell said while the men were acquainted, the incident may have had something to do with a previous assault involving Jordan and a member of Wallgren’s family.
Sheriff’s investigators have sent the pistol to the Oklahoma State Bureau of Investigation for trace-testing and for fingerprint tests on the gun, the magazine and the bullets, Carnell said.
Because a homicide involves the death of a person at the hands of another, this case is being investigated as a homicide, officers said.
Wallgren has not been arrested in connection with the shooting, Carnell said, because this case could possibly fall under the state’s “Stand Your Ground” law. That laws specifies that people can use deadly force if they believe they are in danger in any place where they have a legal right to be. That same law also prevents authorities from arresting persons in these types of circumstances, Carnell said, so Wallgren was questioned about the incident, then released.
It will be up to the district attorney’s office to determine whether this shooting falls under the “Stand Your Ground” law, and whether any charges will be filed.
Sheriff Mike Booth said they are being proactive and following all evidence in this investigation.
“We’ll collect as much evidence as we can and submit it to the district attorney’s office,” Booth said.
Jordan was a lifelong Saint Louis resident. Funeral services are scheduled for 10 a.m. Friday in Konawa. Watch for further updates as they become available.

Shooting death: Man shot, killed by homeowner

A Shawnee man was shot and killed by a homeowner late Wednesday night at a rural home on Old Highway 270 near Shawnee. The Pottawatomie County Sheriff’s Office is investigating the case as a homicide, but no arrests have been made. It will be up to the district attorney’s office to review the case and determine if charges are warranted or if the shooting falls under Oklahoma’s “Make My Day” law.

Sheriff Mike Booth said the shooting occurred just after 11 p.m. He responded to the home, joining several deputies as authorities worked the crime scene most of the night.

Isaiah Reuben Poncho, 32, died at the scene; Booth said he suffered a single gunshot wound to the chest.

The shooting remains under investigation, but Booth said it appears Poncho went to the residence and knocked on the front door. When the homeowner answered, Poncho reportedly stepped inside the home, Booth said, and there was a slight altercation between the two men, who reportedly knew each other.

“The homeowner had a pistol with him,” Booth said, “and shot Mr. Poncho one time in the chest.”

Poncho fell back onto the porch and the homeowner called 911, Booth said. REACT EMS paramedics and Shawnee firefighters responded to the home, but Poncho was already deceased.

A woman who was traveling in a car with Poncho made allegations about being kidnapped, Booth said, so that information became part of the shooting investigation.

Officials working the scene conducted interviews most of the night. The woman’s story and that of the homeowner, along with the homeowner’s guest matched, Booth said, and deputies followed evidence and worked the crime scene in efforts to corroborate what happened.

“We’ll spend time and as many man hours and as needed to gather information and evidence to give to the DA’s office,”  Booth said. “We’re being extremely careful to follow the evidence — we don’t want to speculate.”

There’s still many unanswered questions, such as why Poncho went to the home, Booth said.

The homeowner, whose name was not being released, has not been arrested. As part of the investigation, deputies did get search warrants for the home. Booth said the homeowner was cooperative throughout the investigation and deputies did seize some drugs, cash and guns from the home.

Booth said his office will complete their investigation and all case reports will be turned over to the District Attorney’s office.

 District Attorney Richard Smothermon will have to determine if this incident falls under Oklahoma’s “Make My Day” law, which gives citizens the right to use deadly force to protect themselves while inside their own homes.

“Any time one human kills another it is considered a homicide,” Booth said. This case is considered a homicide, the sheriff said, but “whether it was justifiable or not is the question.”

Watch for more details on this investigation as they become available.