Driver convicted of manslaughter in Noble County charged with DUI in Cushing

   STILLWATER — A 43-year-old Cushing man, who was convicted of four counts of first-degree manslaughter in 2008 in Noble County, has been charged with driving under the influence of an intoxicating substance in Cushing, or in the alternative actual physical control of a vehicle while under the influence of an intoxicating substance.

   If convicted of either count, Michael Vincent Thomas could be given as much as a 20-year prison term, according to the felony charge filed in the alternative by Payne County Acting District Attorney Jose Villarreal. Thomas remains free on $5,000 bond pending a court appearance on Sept. 8, court records show.

   In 2008, Thomas had been given four concurrent 16-year prison terms for four counts of first-degree manslaughter in connection with a 2006 collision in Noble County investigated by the Oklahoma Highway Patrol. Thomas was incarcerated for 13 years before being released from prison on Nov. 24, 2021, Noble County court records show.

   Also in 2008, Thomas served concurrently a four-year prison term for drug possession in Rogers County in 2007 and a five-year prison term for possessing stolen property in Payne County in 2007, according to state Department of Corrections records.

   In his Cushing case, Thomas was arrested at 11:28 am on June 28, less than an hour after police were sent at 10:35 am to his relative’s residence on “a report of Michael Thomas experiencing a psychotic episode,” an affidavit alleged.

   Cushing Police Officer David Smith alleged in an affidavit, “Officer Sara Reynolds and I arrived a short time later and observed the front door of the residence standing open. As I approached the residence, Officer Reynolds advised me that several knives were visible on the floor inside. Officer Reynolds made multiple verbal announcements in an attempt to contact anyone inside the residence; however, no response was received.

   “I advised Master Patrol Officer Christopher Haywood of our observations. MPO Haywood arrived a short time later and assisted Officer Reynolds and me in conducting a protective sweep of the residence to ensure no individuals inside were injured or in need of assistance. After the residence was cleared, no occupants were located.

   “Upon exiting the residence and returning to the front yard, Officer Reynolds pointed out a maroon Honda CR-V that appeared to have recently been involved in a collision. The vehicle had sustained damage, and officers observed damage to private property, specifically a wooden planter box.

   “Officer Reynolds looked inside the vehicle and advised she had located Michael Thomas seated inside. I approached the vehicle and observed Michael slumped over the center console, asleep in the driver’s seat with the vehicle still running and the transmission in drive.

   “Officers awakened Michael and placed the vehicle in park to prevent any further damage. Upon opening the driver’s door, I detected the odor of burnt marijuana emitting from the vehicle. I observed Michael to be unsteady on his feet as he exited the vehicle. While standing, he swayed and was unable to keep his eyes open.

   “Michael advised he had just come from (another relative’s) residence (in another town) and was attempting to pull into his (Cushing relative’s) driveway across the street from the collision. Michael stated he did not realize he had collided with any property and advised he was so tired that he fell asleep. Michael further advised he had taken Trazodone approximately two hours prior.

   “When asked what time he believed it was, Michael stated it was approximately 2 to 3 pm. The actual time was 11:14 hours. Michael advised he arrived at his (Cushing relative’s) residence at approximately 9 hours and took the Trazodone. He stated he does not take Trazodone often because it causes him to become drowsy, groggy and fall asleep. Michael also disclosed an extensive history of substance abuse, specifically methamphetamine and alcohol, and advised he had relapsed within the past week,” the affidavit alleged.

   After attempting to administer standard field sobriety tests, the Cushing officer alleged in his affidavit that during one test, “I observed all six validated clues of impairment, as well as eyelid tremors, which based on my training and experience as a nationally certified Drug Recognition Officer, are indicators consistent with impairment.

   “Michael was read the Oklahoma Implied Consent warning and refused chemical testing by stating, ‘F… you, no,"” the affidavit alleged. After a judge issued a search warrant for the defendant’s blood, it was taken at about 2:02 pm at the Hillcrest Hospital in Cushing, the affidavit said.