By: Patti Weaver
(Stillwater, Okla.) — An ex-convict has been jailed on $10,000 bail pending a March 15 preliminary hearing on a felony charge alleging he hit a female relative, with whom he was living in Cushing, with a baseball bat.
Due to his criminal record, Jimmy Darrel Porter Jr., 35, who previously lived in Stilwell, could be given a prison term of 20 years to life if convicted of assault and battery with a dangerous weapon in Payne County after three prior felony convictions in Adair County.
Porter was arrested at 3:28 pm on Jan. 23 at his residence on E. Walnut Street by Cushing Police Officer David Smith, who was sent there nine minutes earlier on a report of a disturbance and assault, according to his affidavit.
Porter’s relative was gripping her arm and emotionally telling the officer that Porter “had hit her in the arm with a baseball bat,” the affidavit alleged.
Another man in the house, who said he had witnessed the incident, told the officer that Porter and his female relative had been arguing when Porter hit her with a baseball bat, the affidavit alleged.
Porter claimed that his female relative had threatened to cut him with a knife, but the other man said she “had never made any threats throughout the altercation,” the affidavit alleged.
When the officer asked Porter if he had hit the woman with a baseball bat, “he advised he did; he just gave her a little tap on the wrist,” the affidavit alleged.
Emergency medical technicians arrived to check out the woman, who said she did not want to be taken to the hospital, the affidavit said.
“I observed a red mark on (the woman) where she had been hit by the baseball bat,” the Cushing officer wrote in his affidavit.
According to court records and the Oklahoma Department of Corrections, Porter had previously been convicted of:
* leaving the scene of an accident involving an unattended vehicle in Arkansas in 2008 for which he was placed on three years and two days of interstate probation in 2009;
* second-degree arson in Adair County in 2010 for which he was placed on 10 years of probation in 2011;
* car theft in Adair County in 2013 for which he was originally given in 2014 an eight-year prison term followed by five years of probation, a sentence that was modified two years later to 12 years of probation;
* feloniously pointing a weapon, possessing a firearm during probation and having a drug in Adair County in 2013 for which he was originally given in 2014 a concurrent eight-year prison term that was also modified two years later to probation.
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