SHERIFF SEEKS OUTSIDE PROBE

The OSBI is looking into a drug tampering case involving an
undersheriff.

JAY -- Delaware County Sheriff Jim Earp said Tuesday that he has asked
a state agency to take over an investigation looking into whether his
undersheriff tampered with drug evidence.

Undersheriff Bill Stout was suspended from his duties last week after
three deputies said Stout brought more methamphetamine to a court
hearing than what was actually seized during that particular raid on a
Grove home.

Earp met with Oklahoma State Bureau of Investigation agents this
weekend and handed over a report of his own investigation into Stout's
handling of the drug evidence. Earp would not comment on the results
of his investigation.

OSBI spokeswoman Kym Koch said the agency has assigned an investigator
to the case. The probe could take several weeks, Koch said.

District Attorney Ben Loring said last week that he had doubts whether
Earp should have handled the Stout investigation on his own. Loring
said he recommended to Earp that the sheriff call in outside
investigators.

On Tuesday, Earp said he thought Loring understood all along that he
would call in the state agency once his own investigation was complete.

``That was my intent from the beginning,'' Earp said. ``We were going
to do the investigation and see what was there, what was going on. At
that point we wanted an outside independent agency to assist with it
and help us get it cleared up.''

Questions about Stout's handling of drug evidence led to the dismissal
of felony charges against a couple arrested in the raid on a Grove
home in September. Robert and Tammy Phillips, both 26, had been
charged with possessing methamphetamine with intent to distribute and
misdemeanor charges of possession of marijuana and drug paraphernalia.
They will receive deferred sentences and fines after agreeing to plea
bargains on the misdemeanors.

The September raid turned up a lockbox containing drugs, according to
a report. Stout testified at a preliminary hearing last month that he
removed the lockbox from the house and found a bag of white powdery
substance which he recorded into evidence the next day.

After the preliminary hearing the three deputies told officials that
the amount of drugs presented at the hearing differed from what they
remembered seeing earlier.

Stout has been a lawmen for 20 years, the last eight with the Delaware
County Sheriff's Office.

Checked-by: Rich O'Grady