MuskogeePhoenix.com, Muskogee, OK

Local News

October 24, 2013

DA to review dismissal of tickets

Three tickets dropped against man on probation for fatal crash

Prosecutors are reviewing why a Muskogee man on probation for manslaughter had multiple traffic violations dismissed last week.

Any violation could have been used to force Tyler Wayne Alred, 18, to serve the remainder of his 10-year probation from a 2011 collision that killed John Luke Dum.

An Oklahoma Highway Patrol trooper issued four traffic tickets to Alred following a Sept. 10 collision on South Country Club Road, according to court documents.

Three of the tickets were dismissed, and Alred paid one $20 fine for failing to wear his seat belt.

“We’re checking into that to see why they were dismissed. We didn’t dismiss them,” said Muskogee County District Attorney Larry Moore. “He’s on probation. Any type of infraction of the law could be used to accelerate his probation.”

Attempts to reach Alred’s attorney were unsuccessful.

Alred was charged as a youthful offender as the driver in a Dec. 3, 2011, crash that killed Dum, 16. OHP stated Alred admitted to having consumed alcohol prior to the crash.

Alred pleaded guilty to first-degree manslaughter and was given a 10-year deferred sentence in November. His probation rules state probationers are not to “violate any City, State, or Federal laws.”

OHP cited Alred for failing to provide proof of insurance in the Sept. 10 collision. That was removed after insurance was verified.

Two tickets were dismissed Friday after court records show Alred spoke with Special District Judge Robin Adair.

Alred was scheduled to have a non-jury trial before Adair on Wednesday on charges of operating a vehicle at a speed greater than reasonable and proper, and failure of front-seat passenger to wear a seat belt.

“I don’t know why the case was dismissed,” Adair said Tuesday. “I dismissed it. According to (court records), I dismissed it.”

Adair said he would not have dismissed the case had he known Alred was on probation.

“To me, it was a traffic offense,” Adair said. “I didn’t realize this was the defendant from a fatality.”

Moore said the OHP trooper who cited Alred in the Sept. 10 collision contacted his office after the case was dismissed.

“The trooper has described to me the nature of this infraction, and it does concern me,” Moore said. “We’ve never had the chance to prosecute him. I just found this out ... (Muskogee County Emergency Medical Service) was involved in it. Extrication was involved in it. Hospitalization was involved in it.”

The DA’s office rarely files to accelerate or revoke probation on a “moderate infraction” such as a speeding ticket, Moore said. His office may have not taken a second look if the OHP trooper had not asked about the dismissal, Moore said.

Muskogee County EMS did respond to a single-vehicle wreck on South Country Club Road on Sept. 10, spokeswoman Rebecca Williamson said Wednesday.

“We had two patients transported. One patient refused treatment,” Williamson said.

Williamson said one person had serious injuries.

Reach Thad Ayers at (918) 684-2903 or tayers@muskogeephoenix.com.

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