Charges dropped against Stephens County man due to jurisdiction

A case against a Stephens County man accused of assaulting and spitting on police was dismissed Tuesday after it was determined it would fall under federal jurisdiction.

Felony charges were initially filed in Stephens County District Court against Johnny Ray Griffith, 33, of Comanche, for one count of assault and battery on a police officer and two counts of prisoner placing body fluid on police, records indicate.

Comanche Police Officer Terri Bruce was called Saturday to 506 Walnut on a domestic disturbance call and arrived to find someone yelling from an open camper in the driveway. Griffith was found and when Bruce approached, was told to “get the (expletive) out of here, leave right now,” the probable cause affidavit states. Griffith also said he wasn’t leaving.

A woman was removed from the camper and Officer John Anderson stepped into the camper door and began asking Griffith questions, Bruce stated. He refused to come outside and became “more agitated and showed aggression,” the affidavit states. He tried to shut the door and Anderson said to “stop playing games.”

When Griffith grabbed a hammer, the two officers unholstered their guns and ordered him to drop it, according to the affidavit. A deputy was called and Griffith dropped the hammer and the officers holstered their guns, Bruce stated.

Anderson went hands on with Griffith who responded with a punch and Bruce helped the other officer in pushing him out. Griffith elbowed Bruce in the face and spit in Anderson’s face while resisting, hitting Anderson again as all fell through a chainlink fence, the affidavit states. Once on the ground, Griffith continued resisting, spitting in both officers’ faces and elbowing Bruce in the head again, the officer stated.

Stephens County Sheriff’s Deputy Matthew Purnell arrived and helped put Griffith in hand restraints. Bruce stated he spit on all three officers before Purnell pulled out his OC spray, according to the affidavit. He was taken into custody and booked into the county jail.

Due to Griffith being Native American and the allegations happening on the Chickasaw Nation reservation, the charges were dismissed and are being presented to the U.S. Western District Court for consideration.

In 2020 the U.S. Supreme Court overturned the conviction of child rapist Jimcy McGirt on the grounds that the Creek Nation’s reservation was never disestablished for criminal jurisdiction. State courts no longer have the authority to prosecute crimes committed by or against Oklahomans who are also tribal members on the recognized reservation lands of the Five Tribes: Cherokee, Choctaw, Chickasaw, Creek and Seminole.

Griffith has prior felony convictions in Stephens County District Court: January 2011, DUI — liquor or drugs, and possession of controlled dangerous substances; February 2017, obtain or attempt to get controlled dangerous substances by forgery or fraud; March 2019, DUI — liquor or drugs, possession of controlled substances and obtain or attempt to get controlled dangerous substances by forgery or fraud, according to Oklahoma Department of Corrections records.