Staff Writer
Pawhuska Journal-Capital
John Thomas Malone Jr.

EDITOR’S NOTE: The people charged with felonies and associated misdemeanors 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.


His driver’s license was already revoked

NAME: John Thomas Malone Jr.

AGE: 38


CHARGES: Driving a motor vehicle while under the influence of alcohol and/or drugs; driving while license canceled, suspended or revoked; driving left of center; failure to wear a safety belt; and failure to maintain insurance or security

DETAILS: At about 7:20 p.m. on Sept. 24, Osage County Deputy Corby Sorrells was on duty in Barnsdall when he observed a tan-colored Chevrolet pickup cross over the double-yellow line on Highway 11 and then continue to drive “in the middle of the double-yellow line.” Sorrells also observed the driver of the pickup was not wearing his seat belt. Sorrells initiated a traffic stop. Sorrells asked for the motorist’s driver’s license and proof of insurance, but the motorist (later identified as John Thomas Malone Jr.) said his license had been revoked as a result of a DUI conviction. As Deputy Sorrells was talking with Malone, he noticed that Malone’s speech was slow and slurred, his eyes were bloodshot and watery, and there was an odor of an alcohlic beverage coming from his breath and person. Asked how much alcoholic beverage he had consumed, Malone reportedly told the deputy he had consumed two standard-size cans of Coors and had smoked a couple of joints. Malone reportedly told the deputy that he has a state-issued medical marijuana license. Deputy Sorrells ran a records check on Malone and confirmed that his driver’s license was revoked. The deputy also found that there was no valid insurance on the Chevy pickup. The deputy then obtained Malone’s consent to administer field-sobriety tests. After conducting the tests, Sorrells arrested Malone. The suspect then reportedly refused to submit to a blood test. Sorrells asked dispatch to send a wrecker for the pickup. In a hearing Sept. 25 in Osage County District Court, the court entered a not guilty plea for Malone.

She said he got out of bed mad

NAME: James Thompson

AGE: 33


CHARGE: Domestic assault and battery by strangulation

DETAILS: Skiatook police officer Tyler Wilson in July investigated a domestic complaint regarding an offense that reportedly took place at 709 South Pershing, in Skiatook. Wilson spoke with the alleged victim, who said her husband had assaulted her. The alleged victim said her husband got out of bed angry and began yelling at her. He then reportedly threw a vacuum cleaner and a laundry basket at her, but the items did not hit her. James Thompson then reportedly pushed his wife against a wall and began choking her, with both hands around her neck. The alleged victim said she hit James Thompson in the face, at which point he threw her to the ground and hit her in the face. An arrest warrant was issued Sept. 25 in Osage County District Court for James Thompson.

Accused of stealing cell phone

NAME: Joshua Lloyd Leonard

AGE: 29


CHARGE: First-degree robbery

DETAILS: On Jan. 16, 2019, Leonard reportedly assaulted a juvenile near the intersection of 6th and Creek in Skiatook. Leonard reportedly pushed the juvenile to the ground, took his cell phone and then escaped in a vehicle. Leonard reportedly confessed to the robbery during an interview after he had been read his Miranda rights. An arrest warrant was issued Sept. 25 in Osage County District Court for Leonard on the robbery charge.

Busted in Okmulgee County

NAME: Barry Lee Mobley

AGE: 46


CHARGE: Unauthorized use of a vehicle

DETAILS: Osage County Deputy Kyle Reese on June 4, 2019, talked with a resident of the rural Skiatook area about a possible automobile theft. The reporting party told Deputy Reese that Barry Mobley had borrowed her Chevrolet Avalanche on June 1 to go to the store in Skiatook. Mobley had not returned with the vehicle and the reporting party had attempted unsuccessfully to reach him. The woman reportedly found Mobley’s cell phone in her barn, and it was shattered. Osage County authorities reportedly learned later that Mobley had been arrested while driving the vehicle in Okmulgee County, and the vehicle was impounded. An arrest warrant was issued Sept. 25 in Osage County District Court for Mobley on a charge of unauthorized use of a vehicle.

Sex offender at large

NAME: David Lee Starks

AGE: 70


CHARGES: Failure to comply with sex offender registration; and providing false/misleading registration information

DETAILS: Sgt. Kevin Young, of the Osage County Sheriff’s Office, in June 2019 responded to a request from the Oklahoma Department of Corrections to locate a sex offender named David Lee Starks. Sgt. Young reportedly visited the house in Avant where Starks was supposedly living and found that it was not in any condition to be inhabited and no one was there. Sgt. Young made other visits to the house and never found anyone living there. Sgt. Young talked with the Avant police chief and reportedly learned that Starks had said more than a year ago that he was moving to Skiatook. Sgt. Young checked with the Skiatook Police Department to see if Starks’ name was on their sex offender registry. The Skiatook police responded that they did not have anyone by that name on their registry. An arrest warrant was issued Sept. 25 in Osage County District Court for Starks.

Difficult encounter regarding warrant

NAME: Tammi Louise Choate

AGE: 35

RESIDENCE: Barnsdall

CHARGES: Attempted escape from arrest or detention; obstructing an officer; and malicious injury to property

DETAILS: Officer Alton Horne drove to 704 Birch Street in Barnsdall to see if he could make contact with Tammi Choate regarding a warrant. Horne initially talked with Tammi’s husband, Mark Choate. Horne noted in a case affidavit that Mark Choate said he knew why the officer was talking to him — because his wife had warrants out for her. Officer Horne reportedly asked Mark Choate if he could look in his vehicles. Mark Choate reportedly said it was OK and showed Horne the interiors of more than one vehicle. When asked if he would allow the officer to look in the trunk of a car, Mark Choate reportedly refused. “While talking to him, I noticed the back of the vehicle move,” Officer Horne said in his affidavit. “I thought this was odd because he said that no one was in the car but his dog.” Horne tapped on the trunk of the Mazda and told Tammi Choate to come out. “I noticed the car move from the trunk area to the front portion of the car,” Horne said. “I then observed her sitting in the driver’s seat of the car.” Tammi Choate reportedly tried to maneuver in the Mazda, but Horne used his patrol car to block her exit. Tammi Choate then reportedly used the Mazda to ram the officer’s vehicle. As Tammi Choate reportedly continued to ram the officer’s vehicle, with her tires spinning, Horne got out of his car and unholstered his service weapon and told her to stop and turn her car off. She reportedly complied and exited the car through the driver’s side window. When the officer approached her on foot, Tammi Choate reportedly ran from him. Officer Horne then reportedly used a Taser on Choate, causing her to fall to the ground. “I’m done,” she reportedly said.

Officer found suspect’s license was revoked

NAME: Shawn Colby Calhoun

AGE: 30


CHARGES: Endangering others while attempting to elude a police officer; driving a motor vehicle while under the influence of alcohol; driving while the privilege is suspended; transporting an open container of alcoholic beverage; failure to maintain insurance or security; failure to obey a traffic control device; and failure to signal on turning

DETAILS: Osage County Deputy Grant West, about 11:55 p.m. on Sept. 21, initiated a traffic stop on a dark-colored pickup at City View and Highway 60 in Osage County. The basis for the traffic stop was that the driver of the pickup reportedly ran a stop sign and failed to signal his turn when turning from City View onto Highway 60. The driver of the truck failed to yield to Deputy West’s emergency lights for about a minute. Once the truck pulled over, Deputy West attempted to make contact with the driver, who was later identified as Shawn Calhoun. Instead of conversing with the deputy, Calhoun reportedly rolled his window up, preventing communication, and then took off at a high rate of speed, throwing rocks on Deputy West and his patrol vehicle. Calhoun reportedly reached speeds up to 100 miles per hour, forced other vehicles off the road and traveled in the wrong lane while fleeing from the deputy. “The defendant also went head on with a group of cars, almost causing several collisions,” West said in a case affidavit. The deputy pursued Calhoun for about 12.5 miles. When the deputy caught up with Calhoun, he reportedly resisted arrest. Reportedly found in Calhoun’s vehicle were an empty 12-pack of Bud Light beer and an open bottle of Crown Royal. A records check reportedly revealed that Calhoun’s driver’s license was revoked. In a hearing Sept. 27 in Osage County District Court, the court entered a not guilty plea for Calhoun.

Gas drive-off at Casey’s in Skiatook

NAME: Zoe Dawn Breger-Smith, aka Zoe Dawn Berger-Smith

AGE: 21


CHARGES: Possession of a stolen vehicle; driving a motor vehicle while under the influence of drugs; larceny of gasoline — pump piracy; and driving without a valid driver’s license

DETAILS: Officer Tyler Bates, of the Skiatook Police Department, about 11:41 p.m. on Sept. 30, responded to a report of a gas drive-off at Casey’s General Store. Officer Bates spoke with a Casey’s employee about the details of the theft. Meanwhile, a second reporting party contacted the Skiatook police dispatch and said they had witnessed the gas drive-off and were now in pursuit of the thief. Police were subsequently able to determine, from a vehicle check, that the vehicle used in the gas drive-off had been reported stolen out of Wichita, Kansas. Skiatook police officer Mark Dressler stopped the suspect vehicle at 52nd and 133rd and detained one female, who had been driving the vehicle, and two males. While speaking with Zoe Breger-Smith, Officer Bates noticed signs of intoxication and he reportedly asked her if she had consumed any alcoholic beverages or other intoxicating substances. Breger-Smith reportedly said she had smoked a joint several hours earlier. Officer Bates administered field-sobriety tests and subsequently arrested Breger-Smith. In a hearing Oct. 1 in Osage County District Court, the court entered a not guilty plea for Breger-Smith.

People hiding under the couch?

NAME: Lukas Edger Seaton

AGE: 35 or 36


CHARGE: Domestic abuse — assault and battery

DETAILS: Osage County Deputy Martin Meek, at about 1:40 a.m. on Sept. 2, 2019, was dispatched to an address on 37th West Avenue in reference to a domestic disturbance in progress. The reporting party, a woman, told authorities her husband, identified as Lukas Seaton, was under the influence of heroin and was accusing her of cheating on him with people hiding under the couch in the camper-trailer. When Deputy Meek arrived at the call location, the alleged victim told him that she thought her husband was in a drug-induced psychosis, and that he had fled in his underwear before the deputy arrived. The alleged victim told Deputy Meek that Seaton had kicked her in the back, causing her to fall off of a bed, strike a wall and fall down a small staircase. She said that a cut on her left forearm had resulted from the fall. Deputy Meek asked the alleged victim if she had any bruising on her back from the kick, and she reportedly said she did not. In a hearing Oct. 8 in Osage County District Court, the court entered a not guilty plea for Seaton.