By: Patti Weaver
(Stillwater, Okla.) — A convicted murderer released from prison three years ago has been ordered held on $250,000 bail in the Payne County Jail on two counts of assault with a dangerous weapon and one count of being a felon in possession of a firearm, as well as having drug paraphernalia, all in Ripley.
Charles Horace Kirk, 36, of Ripley, was arrested at 8:13 pm on Aug. 17 in Ripley, Payne County Sheriff’s Investigator Brandon Myers wrote in an affidavit filed Thursday.
Sheriff’s Deputy Don Howard had been sent at 7:54 pm to the 200 block of E. Dolan in Ripley for a threat investigation, the affidavit alleged.
A woman reported that as she drove by in her truck with her grandson, “a man came running out of his trailer threatening her with a knife,” the affidavit alleged.
When the deputy, who had been told that the suspect had a gun, arrived at Dolan and Asp Street, he saw Kirk inside a house walking back and forth, the affidavit alleged.
“He drew his department-issued Glock 17 pistol and gave him verbal commands to come outside with his hands up and to walk back towards his voice,” the affidavit alleged.
“Charles stepped outside and started yelling and shouting profanities at him. He raised his hands approximately 45 degrees with his palms facing upwards and saying ‘come over here and get me mother f…..’
“Once again, Deputy Howard gave him verbal commands to come to him, which he did not comply with. Charles then went back inside the residence and tore down the curtains to the window; in his right hand, he saw an object,” appearing to be a black pistol that was not pointed at the deputy, the affidavit alleged.
“Deputy Howard continued to give Charles verbal commands to ‘put the gun down and to come outside.’ Charles came outside with nothing in his hands and continued shouting profanities.
“Deputy Howard holstered his firearm, drew his department-issued Taser, and gave him verbal commands to walk towards him again. He started walking closer while still shouting profanities.
“Charles then went back inside the residence and when he returned, he had a blue butane torch and a red five-gallon fuel can and said ‘come here, mother f….."” the affidavit alleged.
“Deputy Howard believed that if he were to attempt to come closer, Charles would then attempt to set him on fire,” and again ordered him to put the items down and walk toward him, the affidavit alleged.
“Charles went inside the residence and knelt by the window and Deputy Howard could still see the blue butane torch in his hand. Deputy Howard holstered his Taser and drew his firearm again. Deputy David Sloan then arrived at the location and attempted to talk to Charles. Charles walked closer, still talking and saying profane words.
“Deputy Howard holstered his firearm again because he did not observe anything protruding from his waistline that he could positively identify as a firearm, so he drew his Taser again. Deputy Sloan also had his Taser drawn and informed him that if he were to come any closer, he would be tased.
“Deputy Joe Henninger arrived and Charles began saying that he knew what we were doing because he had previously been in the Army National Guard and trained at Fort Benning, Georgia, but he was kicked out,” the affidavit alleged.
“Charles then walked to the front porch and then he started walking back in an aggressive manner with his hands clenched walking straight towards Deputy Sloan,” who tased him at 8:13 pm, the affidavit alleged.
“Charles fell and Deputy Henninger and Deputy Howard placed Charles in handcuffs,” and requested an ambulance for the suspect, who was then taken to the Stillwater Medical Center with Deputy Sloan following, the affidavit alleged.
Deputy Howard then went to the 200 block of E. Dolan to speak with the reporting party, her grandson, and another witness, the affidavit alleged.
She said that she was mowing when her grandson, who was sitting in a vehicle in the driveway, came to tell her it sounded like someone was trying to break in, the affidavit alleged. She said that the suspect “was walking back and forth in the yard yelling at no one,” the affidavit alleged.
She said she “returned to the vehicle when Charles walked up to her with a knife or machete with a thick blade approximately 12″ long,” and came within six to 12 inches of her saying he was going to kill her, the affidavit alleged. She said “as Charles was walking back to his residence, he said he was going to go get a gun and shoot them,” the affidavit alleged. She said she drove south to get away, the affidavit alleged.
Deputy Howard then spoke to a man, who was driving by when the suspect was standing near the woman’s vehicle, the affidavit alleged.
The man said he was driving east on Dolan when he saw a “big ass machete with black tape around the handle,” the affidavit alleged.
As he drove closer, “Charles walked to him saying that he was ‘going to settle the score,’ but the man “did not know who he was talking about,” the affidavit alleged.
The man said that when the suspect saw his black eye, he said “it must’ve not been you” and walked away, the affidavit alleged.
The sheriff’s investigator said at 8:15 pm he received a text that a major incident was occurring.
“The text reported that deputies were on a threats call in Ripley at Asp and Dolan, the suspect was Charles Kirk, who is a registered violent felon, and there was a Taser deployment,” according to the affidavit.
When the investigator arrived, “Charles Kirk was in the front yard of his residence in handcuffs,” and three deputies were on scene, the affidavit alleged.
The investigator sought and received a telephonic search warrant at 9:54 pm from a Payne County judge, who granted nighttime service for the residence, the affidavit alleged.
Seized from the house were a blue torch, a machete-style knife, a wallet containing Kirk’s identification, a pipe used to smoke methamphetamine, and a black Daisy pistol appearing to be a real handgun, which had black electrical tape around the grip and a laser sighting tool attached, the affidavit alleged.
Found on the kitchen floor was a five gallon gasoline car identified by Deputy Howard as the one the suspect had when he had the torch and attempted to entice Deputy Howard to come to him, the affidavit alleged.
According to court records and the Oklahoma Department of Corrections, Kirk had previously been convicted of:
* second-degree murder in 2009 at a 2010 Rogers County jury trial, for which he was given a 10-year prison term, with an order to register for 10 years as a violent offender after he was released from prison in July of 2018;
* drunk driving and leaving the scene of an injury accident in Rogers County in 2008 for which he was given a three-year prison term followed by four years of probation;
* actual physical control of a vehicle while intoxicated in Rogers County in 2007 for which he was initially given probation that was revoked to three years in prison in 2008;
* eluding a Chelsea police officer in Rogers County in 2005 for which he was initially sent to the RID prison boot camp program, followed by probation that was revoked in 2008 to two years in prison subsequent to the above sentence;
* assault and battery with a dangerous weapon in Cushing in Payne County in 2005 for which he was initially sent to RID, followed by probation that was revoked in 2008 to three years in prison concurrent to the above sentence.
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