By: Patti Weaver
(Stillwater, Okla.) — A convicted child molester accused of breaking into a house in Stillwater while the male occupant was in bed has been jailed on $65,000 total bail pending a July 6 court appearance when he can seek a preliminary hearing on a first-degree burglary charge and also on an attack on a jailer.
Preston Kyle Holley, 38, who was listed as homeless, was accused of spitting on a guard the day after he was put in the Payne County Jail, a felony for which he could be given a life prison term if convicted, court records show.
The resident in the burglarized house said he was lying in bed when he heard a noise in his living room and first thought it was his cat until he heard someone talking, according to an affidavit by Stillwater Police Officer Terry Low.
He said he grabbed his pistol and walked toward the living room where he saw a man that he didn’t know attempting to climb through his front window, the affidavit alleged. He said the suspect had ripped out the window unit to gain access, the affidavit alleged.
When the resident announced he was armed with a gun, the suspect yelled back, “I’m gonna kill all you n…. in three seconds,” the affidavit alleged.
The resident said, “he fired a warning shot from his hallway and struck the brick to the bottom left of the window” — missing the suspect, the affidavit said.
“The bullet didn’t penetrate through the brick, but it did leave an indentation in the wall,” the affidavit said. The gun was a HK45 semi-automatic pistol, the affidavit said.
When police arrived at 12:01 a.m. on May 15, the Stillwater officer pointed a rifle at the suspect and told him to put his hands up, but the suspect yelled something back in a slurred voice, had difficulty standing up, and staggered as he walked towards the officer, the affidavit alleged.
After being handcuffed, the suspect “began to yell that I needed to remove the handcuffs at once and that he has broken thumbs,” the officer wrote in his affidavit.
The suspect “mentioned that he was a judge and he was ordering me to take the handcuffs off him,” the officer alleged in his affidavit.
According to court records and the Oklahoma Department of Corrections, Holley, who has also been known as Rooster and Petey, was previously convicted of:
* molesting a 14-year-old girl in 2000 in Beaver County, for which he was originally placed on five years’ probation in 2001 that was revoked in 2006 to a two-year prison term followed by three years of probation;
* possessing stolen property in 2001 in Beaver County, for which he was originally given five years’ probation in 2001 consecutive to the above sentence, but that was also revoked in 2006 to a concurrent three-year prison term of which he served only 18 months’ incarceration, followed by two years of probation;
* attempted first-degree burglary and obtaining money by false pretenses in 2008 in Beaver County, for which in both cases he was originally given in 2008 a two-year prison term followed by eight years of probation, of which 18 months was revoked in 2011, followed in 2013 by his probation being revoked to three and one-half years in prison;
* unauthorized use of a vehicle in 2017 in Woodward County, for which he was given a 30-day jail term in 2017;
* violating the Sex Offenders’ Registration Act in 2016 in Payne County, for which he was given eight months in jail in 2018.
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