(Stillwater, Okla.) — A Cushing teenager who admitted peppering a Drumright man with gunshot has been placed on four years’ probation as part of a plea bargain approved in court Friday.
John David Cross, 19, cannot have a firearm while he is on his four-year deferred sentence, Payne County District Judge Phillip Corley told him in court Friday.
Cross must perform 75 hours of community service, pay a $500 fine and contribute $250 to the victims’ compensation fund, the judge ordered Friday.
While he was free on bail on that felony charge of assault and battery with a 20 gauge shotgun, Cross was charged with assaulting another man with his pickup truck on Highway 33 east of Cushing and a misdemeanor count of leaving the scene of a property damage accident.
Two months ago, his felony charge of assault with his pickup as a dangerous weapon was reduced to a misdemeanor count of reckless driving, to which he pleaded no contest Friday, along with leaving the scene of an accident.
For those misdemeanors, Cross was also placed on four years’ probation and ordered to pay $2,240 restitution and a $250 fine — along with performing 50 more hours of community service.
In his first case, Cross was arrested at his residence about an hour after Payne County Sheriff’s Deputy Brandon Myers was dispatched at 11:41 p.m. May 28, 2011, on a report of a shooting at one-quarter mile south of Ninth Street on Rosebud Road in rural Drumright, court records show.
The victim had five puncture wounds on his legs and chest from what appeared to be shotgun bb’s — that did not appear to be deep but were bleeding, the affidavit said.
The victim, who did not need medical treatment, said he had been having problems with speeders up and down the road in front of his house, the affidavit said.
He said he had an argument earlier that night about it with a relative who owned land south of his home where people were shooting by the pond, the affidavit said.
“He advised several trucks left and were speeding dow the road. He advised him and (another relative) went out to the road and yelled at them to slow down,” the affidavit said.
The victim said that one of the trucks “stopped and fired two rounds, one of which struck him,” before speeding off, the affidavit said. He said he could not see the shooter or the gun, the affidavit said.
However, the victim’s relative with whom he had earlier argued said Cross showed up at his house and said, “I’m probably going to jail,” the affidavit said.
When the deputy talked to Cross, he said that he was driving north on Rosebud Road when two males “jumped out from behind a bush yelling at them to slow down,” the affidavit said.
“He advised one of them threw something at his truck striking it. He advised the subjects chased them on foot.
“He advised his girlfriend was behind him in her truck. He advised he stopped the pickup, got out, loaded a 20 gauge shotgun, and fired two shots towards the subjects.
“He advised he pointed the gun in the air. I asked him how far the subjects were away, and he advised ‘far enough away that he knew he would just pepper them,"” the deputy wrote in his affidavit.
After he was arrested, Cross showed the deputy a black semi-automatic 20 gauge shotgun with five live rounds in it and a 100 round box of ammunition 3/4 full, the affidavit said.
Cross showed the deputy a dent in the front driver’s side fender where an object hit his vehicle, the affidavit said.
The victim and his relative denied throwing anything at the vehicle, the affidavit said. The deputy could not locate any spent shells or objects that appeared to be thrown at the vehicle, the affidavit said.
Three months after that incident, Cross was alleged to have assaulted another man by driving his vehicle towards the victim’s vehicle and attempting to run him off the road. He was also alleged to have failed to stop at the scene of an accident involving that man.
His felony assault with a dangerous weapon count was reduced to misdemeanor reckless driving — alleging “in a careless and wanton manner” without regard for the safety of that man, he caused the victim to be involved in an accident, court records show.
That 9 p.m. Aug. 4, 2011, alleged hit and run accident in the 3100 block of E. Main Street on State Highway 33 was investigated by Cushing Police Officer Randy Evans on the request of the Oklahoma Highway Patrol and the Sheriff’s Office, who were busy with a fatality accident, court records show.
The victim and his two passengers said they were okay and did not need an ambulance, the Cushing officer wrote in his affidavit.
The trio said they were walking out of McDonald’s restaurant when Cross and another male “started to mess with them by doing a burn-out on a motorcycle and making their car alarm go off,” the officer’s affidavit alleged.
They said that Cross and the other male “drove over to the Escott’s parking lot and they followed them and asked what their problem was,” the affidavit alleged.
The trio claimed that Cross and the other male “started to mouth them and talking trash to them,” before things escalated into a fight, which was broken up before they left, the affidavit alleged.
The trio claimed that “Cross then followed them as they headed east on SH 33 headed home. They stated Cross pulled up next to them and threw something at them striking the car as they were headed east out of town,” the affidavit alleged.
“They stated Cross then swerved towards them several times trying to run them off of the road,” the affidavit alleged. The trio said that Cross “sped up and swerved into the outside lane, the lane they were traveling in. They stated Cross then hit his brakes causing them to rear-end him,” the affidavit alleged.
The trio said that “Cross did a burn-out as he left at a high rate of speed,” in a dark-colored Ford F-150,” the affidavit alleged.
The victim said that a witness gave him his information and told him he could have the police call him if needed, the affidavit alleged.
The following day, the Cushing police officer spoke with Cross, who said “he tapped his brakes once as they tried to pass him, and they ran into him rear-ending him,” the affidavit alleged
Cross said he then left, the affidavit said. When asked why he left and made no attempt to call police, “he said he did not know,” the affidavit said.
The next day, the Cushing police officer talked to a witness who said he was driving east on Highway 33 about 9 p.m. when he saw a dark-colored truck swerving into a light-colored car near Walmart in the eastbound lane, the affidavit alleged.
The witness said the car attempted to get out of the way by moving over to the shoulder of the road, the affidavit alleged.
The witness said “the truck then accelerated past the car and moved into the lane in front of the car,"” then the truck slammed on its brakes causing the car to rear-end him, the affidavit alleged.
He said the truck then left at a high rate of speed, the affidavit alleged. He said he stopped and talked to the driver and passengers of the car, the affidavit said. He said “the boys said they were okay and then had them call their parents,” the affidavit said.
Since Cross was given a deferred sentence on all of his charges Friday, he will not have a criminal record if he successfully completes his four-year probationary period.
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