By: Patti Weaver
(Cushing, Okla.) — Two convicted robbers have been charged with attacking a guard at the Cimarron Correctional Facility in Cushing by shoving him, pushing him to the floor, punching him and kicking him, court records showed today.
Due to their criminal records, both inmates could be given a life prison term if convicted of assault and battery on a correctional officer on Aug. 13, 2019, according to the charges that were filed last week.
At the time of the alleged attack last summer, the older prisoner, Michael Dale Smith, 59, was already serving five concurrent life prison terms he was given in 1989 for five counts of armed robbery — three in Oklahoma County in 1988, one in Oklahoma County in 1989, and one in Canadian County in 1989, according to the Oklahoma Department of Corrections and court records.
Smith was also serving three concurrent life prison terms he was given in 1989, two of which were for unauthorized use of a vehicle in 1988 and one for possessing stolen property in 1988, all in Oklahoma County. Smith had discharged a 20-year prison term in 12 years that he was given in 1982 for second-degree burglary in Grady County in 1982. Smith also had been convicted in 1996 of carrying contraband into the Hughes County Jail in 1996 for which he was given a five-year prison term.
The younger prisoner, Jonah Edward Beartusk, 37, was serving three concurrent 16-year prison terms he was given in 2014 for first-degree robbery, first-degree burglary and car theft in 2013 in Tulsa County, according to the DOC and court records. Beartusk had been given a seven-year suspended sentence for second-degree burglary in 2012 in Wagoner County. Beartusk had also been given an 18-month prison term in 2004 for placing a body fluid on a government employee in 2004 in Tulsa County, DOC records show.