MuskogeePhoenix.com, Muskogee, OK

Local News

December 28, 2012

Shooter’s parole bid draws opposition

Law enforcers urge peers to attend hearing for man who wounded deputy

— Prosecutors and local law enforcers vow to contest the possible parole of a Porum man who shot a Muskogee County deputy who was responding to a domestic disturbance.

Kevin D. Girty, 44, is scheduled to appear before the Oklahoma Pardon and Parole Board in January. Girty was convicted in 2009 of two counts of assault and battery with a dangerous weapon and one count of assault and battery upon a police officer.

Girty was sentenced to 15 years in prison for the first assault and battery charge and eight years for the second, with the sentences to be served consecutively. A six-year sentence for assault and battery upon a police officer was to be served concurrently with the other sentences.

Although the convictions for those crimes require that 85 percent of the time given be served, Girty’s case manager has recommended parole from the eight-year sentence. The recommendation was based upon Girty’s “clear conduct,” the fact he has completed all available programs, and he is considered a “low moderate risk.”

Warner Police Chief Terry Thompson, Muskogee County Sheriff Charles Pearson and Muskogee County District Attorney Larry Moore said the facts underlying the crimes should derail any possibility of parole.

Girty’s charges stemmed from a 2008 encounter with law enforcers who had responded to two reports of domestic violence. Officers were able to defuse the situation during their first visit. But when they responded to a second report, Girty was able to grab a pistol from one deputy during a scuffle.

Girty, who was carrying knives during the encounter, shot Muskogee County Deputy David Mackey. Girty fired a second shot, which struck Warner Police Officer Adam Satterfield’s ammunition clip and a knife sheath strapped on his belt behind the magazine.

Moore said he was “disappointed” but “not surprised” by the decision to set a parole hearing for Girty. He described the decision to recommend parole so quickly for somebody involved in the shooting of law enforcers as “an absurdity.”

“There have been major issues with the Pardon and Parole Board in Oklahoma during this past year,” Moore said. “It is very frustrating when 12 people in the county hear the evidence ... recommends what they believe is a proper sentence, and then the parole board acts as a Monday-morning quarterback ... and alters their decision.”

Pearson and Thompson joined Moore in his resolve to contest Girty’s possible parole. Both supervised the officers who found themselves in the line of fire during the domestic disturbance call.

“You’re darn right we are going to fight his parole,” Pearson said. “We certainly don’t want him back out on the streets — that’s not to say there aren’t some good qualities about him, but that doesn’t change the facts — we just can’t take the chance.”

Pearson said he believes “we can get enough officers and family members to show up at the hearing” to contest the parole recommendation. Thompson said he and others are “going to do everything we can to stop it.”

The parole board plans to meet Jan. 22-25 at Hillside Community Corrections Center in Oklahoma City.

Reach D.E. Smoot at (918) 684-2901 or dsmoot@muskogeephoenix.com.

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