Dusten Brown surrenders then released

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Reported by: Price McKeon
Updated: 9/05/2013 7:29 pm Published: 9/05/2013 7:27 pm

FOX23 learned Dusten Brown was booked at 10:37 a.m. into the Sequoyah County Jail. He was released within an hour at 11:22 a.m.

Sheriff Ron Lockhart said at first he refused to let him out because he needed clarification.

He said, “I’ve never had this happen as far as they were able to be released on a governor’s warrant.”

Sheriff Lockhart said, “I needed some clarification from the governor’s office in which the governor’s office deferred it to the court system.”

Brown appeared before Judge Jeff Payton at the Sequoyah County Courthouse after being booked.  Brown’s lawyers filed an application for writ of habeas corpus during court.

The judge released Brown on his original bond he posted Aug. 12, meaning he did not pay anything else to get out of jail Thursday..

Sheriff Lockhart said, “I can understand both states fighting and the sheriff’s (offices) are in the middle. We’re just trying to do our job the right way.”

Payton did not want to go on camera but he did tell FOX23 reporter Price McKeon that Brown has a right to a hearing before sending him to South Carolina. 

The sheriff said he would be frustrated if he was trying to get someone back to his state of Oklahoma on a charge. 

He said, “You know you’re innocent until proven guilty. I understand that but it is frustrating to law enforcement. I’m sure it’s frustrating to South Carolina officials too.”

Brown has a new hearing scheduled on Oct. 3.

FOX23 was told a decision of whether to send Brown to South Carolina is expected to be made then.

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The views expressed here do not necessarily represent those of KOKI FOX23 - Tulsa

watergirl - 9/6/2013 12:16 PM
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rider1 - good point. I thought that was kind of strange for him to call the governor about it. When I read the article I thought "what can SHE do about it?"

rider1 - 9/5/2013 10:39 PM
1 Vote
The sheriff called the politician to decide whether or not he should follow the court's orders? That is incredible! If someone in law enforcement (the judicial branch) wants to know whether they need to follow the law, they don't call a politician (the executive/legislative branches), they call the state's highest law enforcement officer, the state attorney general (the judicial branch). It is incredible that the sheriff decided he wouldn't follow the court's orders, unless he got approval from the governor! A good case study for why separation of powers is important.
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