Cherokee County District Attorney Brian Kuester announced Friday that he would not file charges filed against a deputy who shot and killed a Hulbert man.

Bronson McNiel, a three-year member of the Cherokee County Sheriff’s Department, shot and killed Richard Charles Ogg, 56, while responding to a noise complaint Feb. 1.

The sheriff’s department did not release McNiel’s name while the Oklahoma State Bureau of Investigation reviewed the shooting. Sheriff Norman Fisher released McNiel’s name Tuesday.

Kuester ruled Friday that McNiel’s use of deadly force was justified.

“The investigation shows that Deputy McNiel’s use of deadly force was justified, and no criminal charges will be filed against him,” he said.

McNiel had been on paid administrative leave during the investigation.

“I talked to Brian (Kuester) Thursday and we had everything cleared, so (McNiel) was back at work (Friday,)” Fisher said.

Kuester said the investigation showed that Ogg pointed a gun at McNiel after he had identified himself as a deputy.

McNiel was called to the house on West 790 Road on a noise complaint. When he noticed Ogg’s weapon, he identified himself to Ogg again and ordered Ogg to drop the gun. Ogg then fired at McNiel, who returned fire and struck Ogg.

McNiel was not wounded.

McNiel then called for assistance, and two Hulbert police officers responded. They approached the house and found Ogg dead of a gunshot wound.

McNiel stated in the report that he saw muzzle flashes from Ogg’s gun. A .22-caliber pistol was found next to Ogg’s body, and .22-caliber shell casings were found outside the door where the altercation occurred.  

“It is a tragedy any time there is loss of life,” Kuester said.

“In this situation, the deputy did all that could be done to avoid the use of deadly force.

“The evidence shows that Deputy McNiel narrowly escaped serious bodily harm or death. He did what was necessary to protect himself.”

The sheriff’s department and the Hulbert Police Department stated that neither had any incident history with Ogg.

Reach Dylan Goforth at (918) 684-2903 or

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