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June 11, 2009

Potts jury deadlocks on assault, convicts on resisting

By BOB GIBBINS

By BOB GIBBINS

Press Staff Writer

A jury deadlocked Wednesday evening on a count of assault and battery with a dangerous weapon against a Cherokee County man, but convicted him of resisting an officer.

The panel deliberated for five hours before finding 45-year-old Herbert Lee Potts guilty of resisting attempts by Oklahoma Highway Patrol Troopers Rodney Vick and Tommy Mullins to arrest him. They recommended a year’s sentence in the county jail.

At Potts’ request, Special District Judge Sandy Crosslin imposed sentencing after the jury left the courtroom, and said Potts would be given credit for time served. Potts, represented by Crystal Jackson, has been in jail since Feb. 1.

The jury foreman told Crosslin the panel was deadlocked 9-3 on the assault and battery with a dangerous weapon count. It was unknown whether the majority voted for guilty or not guilty.

That count was based on allegations Potts stabbed Tracy Tedder in the back outside a residence in the Peggs area.

Assistant District Attorney David Pierce told Crosslin he has also filed two new felonies and two misdemeanors against Potts.

The felonies are assault and battery on a police officer counts, alleging Potts threw a bottle at Cherokee County Detention Center Administrator Loyd Bickel and Assistant CCDC Administrator T.J. Girdner on May 29. Bickel was allegedly hit in the shoulder and Girdner in the thigh area with the bottle.

An affidavit filed with the felony case states Bickel, Girdner and Mikeal Dawes went to Potts to discuss medical issues with him because the inmate had been refusing to take his insulin and check his blood sugar. The three decided to lock down Potts to help regulate his blood sugar, but Potts started threatening the officers. Girdner pepper-sprayed Potts, who responded by throwing soap bottles and other containers at the officers.

Potts is also charged with two new misdemeanors, malicious injury to property and threatening to perform an act of violence. Those counts allege he kicked a jail cell window April 27 and also threatened to kill CCDC Officers Deanna Carey, Girdner, Skylar Green and David Medialdea. He also allegedly clutched a pencil in a threatening manner while threatening to kill the officers.

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What do you plan to do over the Memorial Day weekend?

Go to Lake Tenkiller or Lake Fort Gibson.
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