News (Media Awareness Project) - US OK: Stillwater Woman To Stand Trial On Drug Charges |
Title: | US OK: Stillwater Woman To Stand Trial On Drug Charges |
Published On: | 2001-07-06 |
Source: | Stillwater News Press (OK) |
Fetched On: | 2008-01-25 14:59:12 |
STILLWATER WOMAN TO STAND TRIAL ON DRUG CHARGES
Shirley Elaine Cloyd, 39, Stillwater, has been bound over for trial on
seven of nine counts, including shooting with intent to kill, filed by the
Payne County District Attorney's Office after a shootout with the District
Nine Drug Task Force in March.
According to testimony, agents arrived at Cloyd's home around 7 a.m. March
23 to execute a search warrant for methamphetamine, items used in the
manufacture of methamphetamine, drug paraphernalia and items depicting
residency. Agents, operating on a no-knock warrant, entered Cloyd's
residence east of Stillwater and were allegedly fired upon by Cloyd. Under
direct examination by Payne County Assistant District Attorney Jack Bowyer,
Guthrie Police Officer and Task Force Agent Mark Bruning told Special
District Judge Phillip Corley he was the leader of the entry team and the
first officer through the door of the residence. He said the officers began
yelling "police, search warrant" as they entered the residence and
continued to make the announcement as they began securing the mobile home.
"I started into the north bedroom and saw feet on the bed," he said. "I
yelled 'police, search warrant' again as I entered the room and saw a
female pointing a pistol at me." Bruning said he backed part of the way out
of the room and yelled "gun" as Cloyd began firing. He returned fire as he
backed completely out of the room and began gathering other officers and
ordering them to leave the residence. Defense Attorney Royce Hobbs asked
Brun-ing several questions about police procedure, firearms training and
the specifics of the incident. Hobbs asked how the officers were dressed
when they entered the residence and why they did not have credentials on
chains around their necks. Bruning told him and the court that the items
around his neck would be a danger and that he was wearing a Drug
Enforcement Administration-issued vest with the word "POLICE" in 4-inch
white letters across the chest and back and a raid helmet. Hobbs suggested
that maybe the letters were obscured by the officer's shooting posture.
Guthrie Police Crime Investigations Division Lieutenant Rex Brown told the
court he accompanied the Drug Task Force on the raid and was the fifth
officer on the entry team. He said his job was to secure the opposite end
of the trailer from Bruning and turned around when he heard the first shot.
"The first shot didn't sound like a Glock," he said. "I saw Mark backing
the other members of the team out of the residence and decided I was
already committed to the area I was in and took cover." He said after the
other officers left the trailer he told the person in the bedroom "we are
police officers, throw the weapon out and come out." He said after yelling
the instructions three times, a female yelled "I'm finished shooting" and
came out of the room. "I told her to lay on the floor," he said. "When she
started to lay on the floor near the gun she had thrown out, I told her to
lay down in the kitchen or I would be forced to shoot.
She said 'you already shot me you son of a bitch'." Brown said this was the
first raid in his 19-year career where shots were actually fired. Robert
Horn, an investigator from the Oklahoma State Bureau of Investigation,
testified about the OSBI investigation of the officer-related shooting.
Horn said OSBI agents found three weapons in the bedroom of the trailer.
They found a .357 magnum revolver with five spent shell casings, an empty
gun on the bed and an unloaded .38 Colt police-positive revolver under a
pillow. On cross-examination, Hobbs picked apart the investigation by the
OSBI. Horn told him they were able to determine information about the event
from the trajectory of the bullets and the sizes of the bullet holes in the
walls.
Horn said they could not determine from physical evidence who shot first,
but that interviews showed it was Cloyd. Hobbs asked if the members of the
raid team and Cloyd had undergone parafin tests to see who had fired a weapon.
Hobbs also asked if all the officers' weapons had been checked and
ammunition counted. Horn said Bruning's weapon was taken into custody and
they determined nine rounds had been fired, but none of the other weapons
were checked. He said the parafin tests hadn't been done because he thought
they were unreliable. Hobbs questioned whether the investigation by the
OSBI was really unbiased. "So you got there and the officers told you what
happened and you believed them?" Hobbs said. Horn said yes.
District Nine DTF Agent Dale Higgins testified that he was the officer
responsible for logging all the drug-related evidence taken at the scene.
Agents confiscated methamphetamine, several precursor substances used to
manufacture methamphetamine and drug paraphernalia. Higgins said when
agents entered the trailer to execute the search warrant after the shooting
he saw two hand grenades on the night table in the bedroom where Cloyd had
been. He said he exited the trailer, cleared out the other agents and
contacted the Oklahoma Highway Patrol Bomb Squad. OHP Trooper James Wilson,
a member of the Bomb Squad, said the two devices were called hoax devices -
devices that contained all the components and had the appearances of real
explosives minus the actual explosive material. Hobbs asked if the grenades
could be considered decorative items. Corley bound Cloyd over for trial on
shooting with intent to kill, possession of a substance with the intent to
manufacture a controlled dangerous substance, possession of a firearm while
committing a felony, unlawful possession of a controlled drug with the
intent to distribute, possession of a controlled dangerous substance
without a tax stamp affixed, possession of simulated explosive devices and
possession of drug paraphernalia. Corley threw out the charge of
maintaining a place resorted to by users of controlled drugs and the
possession of a precursor substance without a license. Cloyd returns to
court Friday for a preliminary hearing on a August 2000 charge of
distribution of a controlled substance and to set a date for the trial
court docket. Cloyd is being held in the Payne Count Jail on $560,000 bond.
Shirley Elaine Cloyd, 39, Stillwater, has been bound over for trial on
seven of nine counts, including shooting with intent to kill, filed by the
Payne County District Attorney's Office after a shootout with the District
Nine Drug Task Force in March.
According to testimony, agents arrived at Cloyd's home around 7 a.m. March
23 to execute a search warrant for methamphetamine, items used in the
manufacture of methamphetamine, drug paraphernalia and items depicting
residency. Agents, operating on a no-knock warrant, entered Cloyd's
residence east of Stillwater and were allegedly fired upon by Cloyd. Under
direct examination by Payne County Assistant District Attorney Jack Bowyer,
Guthrie Police Officer and Task Force Agent Mark Bruning told Special
District Judge Phillip Corley he was the leader of the entry team and the
first officer through the door of the residence. He said the officers began
yelling "police, search warrant" as they entered the residence and
continued to make the announcement as they began securing the mobile home.
"I started into the north bedroom and saw feet on the bed," he said. "I
yelled 'police, search warrant' again as I entered the room and saw a
female pointing a pistol at me." Bruning said he backed part of the way out
of the room and yelled "gun" as Cloyd began firing. He returned fire as he
backed completely out of the room and began gathering other officers and
ordering them to leave the residence. Defense Attorney Royce Hobbs asked
Brun-ing several questions about police procedure, firearms training and
the specifics of the incident. Hobbs asked how the officers were dressed
when they entered the residence and why they did not have credentials on
chains around their necks. Bruning told him and the court that the items
around his neck would be a danger and that he was wearing a Drug
Enforcement Administration-issued vest with the word "POLICE" in 4-inch
white letters across the chest and back and a raid helmet. Hobbs suggested
that maybe the letters were obscured by the officer's shooting posture.
Guthrie Police Crime Investigations Division Lieutenant Rex Brown told the
court he accompanied the Drug Task Force on the raid and was the fifth
officer on the entry team. He said his job was to secure the opposite end
of the trailer from Bruning and turned around when he heard the first shot.
"The first shot didn't sound like a Glock," he said. "I saw Mark backing
the other members of the team out of the residence and decided I was
already committed to the area I was in and took cover." He said after the
other officers left the trailer he told the person in the bedroom "we are
police officers, throw the weapon out and come out." He said after yelling
the instructions three times, a female yelled "I'm finished shooting" and
came out of the room. "I told her to lay on the floor," he said. "When she
started to lay on the floor near the gun she had thrown out, I told her to
lay down in the kitchen or I would be forced to shoot.
She said 'you already shot me you son of a bitch'." Brown said this was the
first raid in his 19-year career where shots were actually fired. Robert
Horn, an investigator from the Oklahoma State Bureau of Investigation,
testified about the OSBI investigation of the officer-related shooting.
Horn said OSBI agents found three weapons in the bedroom of the trailer.
They found a .357 magnum revolver with five spent shell casings, an empty
gun on the bed and an unloaded .38 Colt police-positive revolver under a
pillow. On cross-examination, Hobbs picked apart the investigation by the
OSBI. Horn told him they were able to determine information about the event
from the trajectory of the bullets and the sizes of the bullet holes in the
walls.
Horn said they could not determine from physical evidence who shot first,
but that interviews showed it was Cloyd. Hobbs asked if the members of the
raid team and Cloyd had undergone parafin tests to see who had fired a weapon.
Hobbs also asked if all the officers' weapons had been checked and
ammunition counted. Horn said Bruning's weapon was taken into custody and
they determined nine rounds had been fired, but none of the other weapons
were checked. He said the parafin tests hadn't been done because he thought
they were unreliable. Hobbs questioned whether the investigation by the
OSBI was really unbiased. "So you got there and the officers told you what
happened and you believed them?" Hobbs said. Horn said yes.
District Nine DTF Agent Dale Higgins testified that he was the officer
responsible for logging all the drug-related evidence taken at the scene.
Agents confiscated methamphetamine, several precursor substances used to
manufacture methamphetamine and drug paraphernalia. Higgins said when
agents entered the trailer to execute the search warrant after the shooting
he saw two hand grenades on the night table in the bedroom where Cloyd had
been. He said he exited the trailer, cleared out the other agents and
contacted the Oklahoma Highway Patrol Bomb Squad. OHP Trooper James Wilson,
a member of the Bomb Squad, said the two devices were called hoax devices -
devices that contained all the components and had the appearances of real
explosives minus the actual explosive material. Hobbs asked if the grenades
could be considered decorative items. Corley bound Cloyd over for trial on
shooting with intent to kill, possession of a substance with the intent to
manufacture a controlled dangerous substance, possession of a firearm while
committing a felony, unlawful possession of a controlled drug with the
intent to distribute, possession of a controlled dangerous substance
without a tax stamp affixed, possession of simulated explosive devices and
possession of drug paraphernalia. Corley threw out the charge of
maintaining a place resorted to by users of controlled drugs and the
possession of a precursor substance without a license. Cloyd returns to
court Friday for a preliminary hearing on a August 2000 charge of
distribution of a controlled substance and to set a date for the trial
court docket. Cloyd is being held in the Payne Count Jail on $560,000 bond.
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