After being denied a recusal by a Comanche County judge, a hearing is scheduled to determine who will oversee the preliminary hearing of two former Lawton police officers charged with a 2021 shooting death.
A request for rehearing of a motion to disqualify Special District Judge Christine Galbraith was filed Wednesday by Gary James, of Oklahoma City, who is representing Nathan Michael Ronan and Robert Leslie Hinkle. The former officers are charged with felony first-degree manslaughter for the Dec. 5, 2021, shooting death of Quadry Sanders, 29, during an incident at 1806 NW Lincoln.
During a hearing last Friday, Galbraith declined to disqualify herself from presiding over the preliminary hearing.
In his motion, James argued that two prior scheduled preliminary hearings were continued by agreement. Judge Grant Sheperd was a special district judge overseeing the case at the time but in January he was appointed to a district judge post and Galbraith assumed his judgeship.
Galbraith was serving as an assistant district attorney under Comanche County District Attorney Kyle Cabelka when he filed the charges in May 2022. James argued that Galbraith has been apprised of the facts in the case while serving in the DA’s office.
James’ motion argues that a judge needs to avoid the “appearance of impropriety” to protect the defendants from prejudice, bias or impartiality and the circumstances deny his clients’ due process.
An order was set for Chief District Judge Scott D. Meaders to oversee a hearing at 9:30 a.m. May 18 to determine whether to deny the motion or disqualify Galbraith, records indicate.
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