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September 30, 2008

Wrongful firing suit against Gray tossed

By BOB GIBBINS

TAHLEQUAH DAILY PRESS — WAGONER – A wrongful termination lawsuit filed 16 months ago against former District Attorney Richard Gray has been dismissed.

Two of Gray’s former drug task force investigators, Clint Johnson and Jerry Stephens, sued Gray in Wagoner County District Court May 14, 2007, alleging a wrongful termination, intentional infliction of emotional distress, and “tortuous interference” with contractual and business relations.

A dismissal was filed Friday dismissing the case without prejudice, which means the suit can be refiled at a later date.

Gray filed a counterclaim seeking damages in July 2007. Online court records don’t indicate whether Johnson and Stephens sought the dismissal or it was dismissed by the court.

The case started out in Chief District Judge Bruce Sewell’s court and was moved in front of District Judge Mike Norman briefly before being assigned to District Judge Joe Sam Vassar.

Gray was represented by Clark Brewster, Guy Fortner and Marvin Lizama. Mark Hammons represented Johnson and Stephens.

A criminal embezzlement charge filed against Gray in Cherokee County in January 2007 was dismissed halfway through his trial in June in Okmulgee County. The trial was moved to Okmulgee when Brewster filed an unopposed motion for change of venue.

Johnson was the key prosecution witness. District Judge H. Michael Claver ruled at the completion of the state’s case that prosecutors had failed to meet their burden of proof and there was no need for the case to proceed.

Attorney General Drew Edmondson’s office is appealing that decision to the Court of Criminal Appeals.

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