Crime Scene

Staff Writer
Pawhuska Journal-Capital

EDITOR’S NOTE: The people charged with misdemeanors or felonies are innocent until they plead guilty or are proven guilty in court. Those who want the final disposition of their case reported in the Pawhuska Journal-Capital should call Robert Smith at: (918) 287-7366.

FELONY CASES

Blamed it on the booze

NAME: Elvin Frank “E.J.” Irwin Jr.

AGE: 45

RESIDENCE: Osage County

CHARGES: Possession of a firearm after former felony conviction and cruelty to animals

DETAILS: At 1:49 p.m. Nov. 24, Deputy Kyle Reese responded to a call from County Road 5455, in the rural Hominy area. The reporting party told the deputy that her son had received a text message about 10:30 p.m. the night before, “telling him that someone had shot their dog at this location from the roadway.” The deputy also reported details from a conversation with Erwin. “E.J. immediately informed me he did not shoot the dog, and he loved the dog,” Reese said in an affidavit. “It was a family pet … and the dog has never shown aggression and comes over to his house frequently to play. E.J. informed me he did not know what to do with the animal and thought the best thing was to attempt to burn it(s) carcass so he put it (in) the garden and lit it on fire.” Reese reported that he went onto the porch at E.J.’s residence and “noticed a large pool of blood at the bottom of the porch.” Reese said he followed the trail of blood up the ramp of the porch to a spot where he observed a hole about the size of a quarter that appeared to be a bullet hole, and he also found a spent shell casing for a .308 caliber rifle. During a conversation with the defendant’s wife, the deputy reportedly learned that E.J. had been drunk and he had admitted shooting the neighbors’ dog. “She does not know why he shot it but believes it was because he was intoxicated,” Reese said in the affidavit. The deputy reportedly confronted Irwin with the fact he had discovered the bullet hole and the spent shell casing, and the dog carcass with a bullet hole in the rear of its head. The deputy reported that E.J. became emotional and admitted shooting the dog the night before on his porch “due to him being intoxicated.”

Swerved to miss a deer

NAME: John Michael Dildine

AGE: 35

RESIDENCE: Barnsdall

CHARGE: Driving a motor vehicle while under the influence of alcohol

DETAILS: State Trooper Justin Littlesun, at about 6:10 p.m. Nov. 23, responded to a call about a two-vehicle collision on State Highway 123 near County Road 2401. The trooper responded and, upon arrival at the accident scene, observed a white pickup disabled in the southbound lane and facing northbound. He also observed a white SUV that was disabled in the grass just west of Highway 123. Based on his observations of the accident scene, Littlesun concluded the white pickup had “crossed the center line impacting the white SUV forcing the SUV to depart the roadway and roll one time,” the trooper said in an affidavit. Littlesun talked with the driver of the pickup, identified as John Michael Dildine, and asked him what happened. Dildine reportedly told the trooper a deer had run in front of the pickup and he had swerved to miss it. While talking with Dildine, Littlesun reportedly smelled an odor of alcoholic beverage on his breath. The trooper also reportedly noticed Dildine had red, bloodshot, watery eyes and was slurring his words. The trooper administered field sobriety tests and subsequently arrested Dildine. The next court date in the case is Jan. 18, according to an Osage County District Court record.

Break-in at Big Al’s

NAME: Cody Clyde Robnett

AGE: 30

RESIDENCE: Sand Springs

CHARGES: Three counts of knowingly concealing stolen property

NAME: Christopher James Miles

AGE: 32

RESIDENCE: Sand Springs

CHARGES: Three counts of knowingly concealing stolen property

NAME: Gary Thomas Stephens II

AGE: 31

RESIDENCE: Sand Springs

CHARGES: Three counts of knowingly concealing stolen property

NAME: Jessica Renee Brewer

AGE: 28

RESIDENCE: Sand Springs

CHARGES: Two counts of knowingly concealing stolen property

DETAILS: Steve Talburt, an investigator for the Osage County Sheriff’s Office, on Nov. 1 became involved in an investigation of a break-in at Big Al’s convenience store in Sand Springs. Talburt had access to video footage of the store break-in, as well as footage of suspects breaking into a propane display. The investigator was able to use one of the video clips to make what he believed to be an identification of Christopher James Miles. On Nov. 9, based on additional law-enforcement activity, Talburt and other deputies executed a search warrant at a dwelling occupied by all four suspects — Robnett, Miles, Stephens and Brewer — and recovered clothing items believed to have been worn during the break-in at Big Al’s.

‘Crying and wailing’

NAME: Jeremy Wayne Asher

AGE: 30

RESIDENCE: Inola

CHARGES: Driving a motor vehicle while under the influence of drugs, and driving while the privilege is suspended

DETAILS: A Sand Springs police officer responded to a call regarding a vehicle collision on Oak Ridge Drive, and reportedly found the defendant in a damaged vehicle near a destroyed mailbox. The vehicle was reportedly blocking traffic. The officer administered field sobriety tests and also interviewed the subject. At one point during the conversation, the officer noted that Asher was “crying and wailing.” In a hearing Nov. 29, the Osage County District Court entered a not guilty plea for Asher and set a Dec. 6 status conference.

Chose not to be Tased

NAME: Justin Travis Auten

AGE: 36

RESIDENCE: Skiatook

CHARGE: Domestic assault and battery by strangulation

DETAILS: On Nov. 24, Deputy Martin Meek responded to a domestic disturbance in the Skiatook area. When Meek arrived, he saw a man later identified as Auten run inside the dwelling. As the deputy approached the residence, he heard a child yelling and noticed several people running out of the structure. “I asked a subject in the yard if there were any firearms in the residence and the subject told me there was a BB gun in the home and defendant Auten went to grab it because he wanted to be shot by the police,” Meek related later, in an affidavit. When the defendant exited the home, the deputy began giving him commands to lie on his stomach and place his hands behind his back. Meek reported that Auten disobeyed the commands, by walking around a vehicle in the driveway several times while yelling. Auten reportedly complied with the commands only after being given a choice between compliance and being tased, and after the deputy drew and aimed his Taser. During his investigation, the deputy gathered evidence indicating the defendant’s wife had been hit in the face and may have been the victim of a strangulation attack. In a Nov. 29 hearing, the court set Auten’s bond at $100,000, and scheduled a status conference for Dec. 6.

Jesus told him?

NAME: Mathew Jordan Mader

AGE: 24

RESIDENCE: Tulsa

CHARGE: Second-degree burglary

DETAILS: Osage County deputy Anthony Barrett on Thanksgiving afternoon investigated a burglary at a residence on West 38th Street in north Tulsa. Barrett said in an affidavit that Mader used a brick to shatter a sliding glass door and gain entry to a residence. The defendant reportedly ransacked the dwelling and, in the process, stole five bottles of beer out of the refrigerator and decided to drink them. Mader reportedly told the victim that he broke into the house “because Jesus told him to.” In a Nov. 29 hearing, the court entered a not guilty plea for Mader and scheduled a status conference for Dec. 6.

‘Aggressive text messages’

NAME: Dennis Donta Spivey

AGE: 40

RESIDENCE: Merrillville, Indiana

CHARGE: First-degree burglary

DETAILS: A Tulsa police officer on Nov. 23 responded to a call regarding domestic violence in progress at a residence in the 1400 block of North Nogales Avenue. When the officer arrived, he found the door of the dwelling kicked in and came into contact with the suspect, Dennis Spivey. The officer arrested Spivey. The victim told the officer that she had recently broken up with Spivey and he had been sending her “aggressive text messages.” The victim said Spivey came to her residence and tried to get in at both the front and back doors before finally kicking in the front door. In a Nov. 29 hearing, the court entered a not guilty plea for Spivey, set his bail at $10,000 and scheduled a Dec. 6 status conference.

‘Cooking in the dining room’

NAME: Amanda Marie Tapp

AGE: 32

RESIDENCE: Pawhuska

CHARGE: Second-degree burglary

DETAILS: A Pawhuska police officer on Nov. 24 responded to a report of a possible burglary at 901 Prudom. The officer arrived at the address and observed a front window to be open, and someone walking around inside the residence. A witness told police that Amanda Tapp had opened a window and crawled inside the house. The owner of the structure told police no one lives in the house and no one should be there, and that Amanda Tapp had been “trespassed” from the location. The officer said in an affidavit that the house was empty, with no furniture, and looked vacant. The officer reported seeing the defendant “cooking in the dining room.” In a hearing Nov. 29, the court entered a not guilty plea for Tapp, set her bail at $4,000 and scheduled another court date for Dec. 14.