|Updated: 9/05 7:29 pm
||Published: 9/05 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.