A Lincoln County District Judge has scheduled immunityhearingsfortwo men charged in a shooting at an On Cue in Stroud on Oct. 9, 2021.
District Judge Cindy Ashwood heard motions Sep. 20 on eligibility of immunity hearings for Jeffrey Lee Battey, 57, Ponder, Texas, and Ray Arnold Allen, 52, Krum, Texas, in connection with the shooting.
She has now scheduled the case for 9:30 a.m. Nov. 14.
The two defendants are seeking immunity from prosecution.
The StateAttorney General’s Office filed charges last October in Lincoln County District Court on Jeffrey Lee Battey, 57, Ponder, Texas and Ray Arnold Allen, 52, Krum, Texas, in connection with the shooting.
At the conclusion of a preliminary hearing in July,theywereboundover to stand trial.
Their arraignments had been scheduled for July 12.
On that date, Lincoln County District Judge CindyAshwood,byagreement of both parties, continued their arraignments until 9:30 a.m. Aug. 30.
On Aug. 30, Judge Ashwood, continued their arraignments and set 9:30 a.m. on Sep. 20 as the date to hear arguments on pretrial motions filed by both defendants.
Battey and Allen were bound over on a single count each of Assault and Battery with a deadly weapon.
Batteywaschargedwith assault and battery with a deadlyweaponandassault with a dangerous weapon.
Allen did face charges of assault with a dangerous weapon, and two counts of feloniously pointing a firearm.
During Battey’s court appearance on Aug. 30, Judge Ashwood denied a motion for change of continued pre-trial release conditionswhichhadbeen filed earlier by his attorney on his behalf.
She will hear arguments Sep. 20 on motions filed Aug. 11 including to quash evidence adduced at preliminary hearing and memorandum of law in support; a motion for discovery and inspection and memorandum of law in support; and a motion for defense expert to examine original video and/ or video recording.
The judge will also hear on Sep. 20 motions filed Aug. 15 by Allen’s attorney on his behalf including a motion to quash information and the bind over order; and a motion to dismiss, immunity and stand your grand.
State prosecutors also have filed responses to all those motions filed by Battey and Allen.
The Oklahoma State Bureau of Investigation reportedly is handling the cases and the State Attorney General’s Office is prosecuting them.