EDMOND —
A former Oklahoma Highway Patrol trooper from Edmond has reached an agreement with prosecutors that will allow him to avoid jail time.
Mitch Nelson, 46, of Edmond, faced a misdemeanor assault and battery charge for allegedly kicking a suspect who was in custody following a double pursuit in 2010. The charge was filed in July 2011 in Oklahoma County District Court.
Earlier this week, Nelson entered a negotiated Alford plea and was sentenced to six months deferred sentence. As part of the agreement, he will drop a merit appeal with the OHP, surrender his CLEET card to prevent future employment as a law enforcement officer and accept termination from the OHP with no further action.
Under an Alford plea, a defendant denies having committed a crime, but agrees that if the prosecutor presented evidence there is a likelihood that a conviction could occur.
A message seeking comment from Gary James, Nelson’s attorney, was not returned by the time this story was filed.
On Feb. 20, 2010, officers from the Moore Police Department responded to a burglary call within their city limits, according to court records. They pursued a suspect until his car became disabled.
The suspect was handcuffed and placed in the back of a patrol car, police said. A short time later, he was able to move his handcuffs to the front of his body and take control of the patrol car, leading to a second pursuit.
Officers from several agencies responded to this pursuit, which ended when the suspect crashed the car near Southwest 45th Avenue and Blackwelder in Oklahoma City, police said.
Several officers removed the suspect from the car and placed him on the ground still handcuffed, police said.
During a post-incident interview with police which was included in an affidavit filed by Capt. Damon Tucker, Moore Police Lt. Rodney Tompkins said the suspect was removed from the car and placed face down on the ground with his hands handcuffed in the front.
Tompkins said he was standing near the suspect and recalled that a trooper walked up between the suspect’s legs. Tompkins reported the trooper said something like does anyone have their cameras on or is anyone filming.
Tompkins said Moore officers had their cameras on, but was not sure the trooper heard his reply. A short time later a helicopter either left the area or turned its light off.
After the helicopter left the trooper kicked the suspect between the legs, Tompkins said. In describing the kick, Tompkins said the trooper’s foot actually drug in the grass as if he was trying to kick him in the testicles, not just in the rear. He described it as a very hard kick, he said.
Tompkins asked one of the Moore officers to get the trooper’s information and eventually received Mitch Nelson’s business card, police said. Regarding the kick, Tompkins said he felt like, in his opinion, it was an assault and battery.
Another officer also described a trooper walking up and intentionally kicking the suspect in the crotch, police said.
Both the suspect and Nelson declined to be interviewed during the criminal investigation.
marks@edmondsun.com |
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Local News
Ex-trooper from Edmond pleas in assault case
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EF-5 tornado called 'worst in history'
President Barack Obama pledged the federal government’s full support for disaster relief in what is being called one of the most devastating tornadoes in history. The Federal Emergency Management Agency has deployed a team to the state.
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Edmond detective describes tornado devastation
Like other Oklahomans, Edmond Police Detective Marion Cain was keeping an eye on the weather Monday.
The storm, which produced the tornado began at 2:45 p.m., about 4.4 miles west of Newcastle and its 20-mile long path went through Newcastle, Moore and south Oklahoma City. About 10 minutes after it formed, it was already causing EF4 damage. Maximum winds of the tornado, upgraded to an EF5, were 200-210 mph, according to information released at 2:50 p.m. Tuesday by the National Weather Service. Its estimated maximum width was 1.3 miles. -
UPDATE: How to donate, find drop-off locations for relief supplies
Below is a listing of where donations may be taken in the Edmond area to help the Moore/Oklahoma tornado victims:
• The Edmond Sun is serving as a drop-off location for the downtown Edmond area. Supplies only may be dropped off at 123 S. Broadway and residents may use the backdoor to enter the building. Parking is available behind the building at the Festival Market Place. From 5-10 p.m. donations may be taken to Café Evoke, 103 S. Broadway.
• Edmond North High School is serving as a drop-off location for bottled water through today
• Memorial High School is serving as a drop-off location for food through today.
• Santa Fe High School is serving as a drop-off location for supplies such as work gloves, tools, etc. through today. -
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Sometimes good things come from texting.
Monday afternoon, Sydney Richardson, who will be Santa Fe’s student body president next year, was driving home and it was raining. Once home, she talked to her mother, who told her about the tornado in Moore. Then she began seeing the damage on TV.
“It was devastating,” Richardson said. “We watched it all night long. I just felt like we needed to do something immediately.” -
City schedules debris collection for May 28
The City of Edmond’s Field Services Division of Public Works will be collecting storm-related debris from the May 19 tornado in accordance with the City of Edmond’s Emergency Operation Plan’s Level Two Response.
Affected areas where debris pick up will occur include in the area beginning one-half mile south of 15th Street to 33rd Street and from Boulevard Avenue east to I-35; and the Territories and Timberlake additions. Please see the map for clarification. Pick up is available for residential homes located within the designated boundaries.
Tree debris must be cut into no more than 6-foot sections and must be placed by the curb of the residence no later than 8 a.m. May 28. Crews will begin collection on Tuesday and continue until they have covered the area. -
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Tuesday Ashley Cunningham, office manager for Red Dirt Septic on Waterloo Road in Edmond, and Mark Webb, owner of the Armor Vault Tornado Shelter in Oklahoma City, said their phones have been ringing consistently starting Monday afternoon. -
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Insurers, like other agencies related to the Moore tornado disaster, are assessing the damage.
The Oklahoma Insurance Department has made an emergency declaration, allowing out-of-state adjusters to work storm damaged areas, said agency spokeswoman Calley Herth. It’s too soon to have tabulated damage estimates, Herth said.
“We are working hard to collect any and all numbers, but it’s just too soon at this moment,” she said. -
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VIDEO: Pres. Obama's remarks on the Okla. tornado
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