By: Patti Weaver
(Stillwater, Okla.) — An ex-convict, who got out of prison two and one-half years ago, has been ordered to appear in Payne County District Court on May 6 when he can seek a preliminary hearing on a felony charge of domestic violence of his girlfriend at their rural Perkins residence.
Due to his criminal record, Brian Richard Scott, 31, could be imprisoned for four years to life if convicted of domestic assault and battery as a second offense.
Scott was released from the Payne County Jail on $10,000 bail Tuesday — with an order to have no contact with his alleged victim, court records show.
When Payne County Sheriff’s Deputy Scott Hopper arrived April 5 at the home where Perkins police had been dispatched to assist, “Officer Laster and Officer Howard had a male identified as Brian Scott in investigative detention,” according to his affidavit filed last week.
The woman, who was crying and upset, said they had been drinking and at 6 p.m. started arguing, after which she finally decided to leave to go to the store, the affidavit said.
“She states that when she returned home, Brian was asleep on the couch…(she) states that she tried to get his attention and that is when Brian woke up, got mad at her and shoved her into a wall. She states that she recovered after hitting the wall, and Brian was still angry and shoved her into another wall,” the affidavit alleged.
The deputy wrote in his affidavit “I could see spots of blood on the wall,” where the woman said she was pushed.
She said, “after Brian pushed her into the wall a second time, she ran out of the residence and started screaming ‘help, someone call the police,"” the affidavit alleged.
She said that he also punched a picture on the wall and broke it, the affidavit alleged.
The woman had a lump on the right side of her head from where she said she hit her head on the wall, the affidavit said.
“Brian refused to speak with me saying he has nothing to say. Brian was very intoxicated also,” the deputy alleged.
A neighbor, who called 911. said while the couple were outside, she saw Scott shove the woman with both hands and hit her in the upper body area hard enough that he almost knocked her down, the affidavit alleged.
According to the state Department of Corrections and court records, Scott was living in Tulsa when he was previously convicted of:
* uttering forged instruments in Tulsa in 2006 for which he was given 33 months in prison of which he served about 21 months;
* false personation in Tulsa in 2009 for which he was given a concurrent 33 months in prison of which he served about 21 months;
* second-degree burglary in Tulsa in 2014 for which he was given a five-year prison term of which he served one year and eight months;
* larceny from a person in Tulsa in 2014 for which he was given a concurrent five-year prison term of which he served one year and nine months.
* misdemeanor domestic violence in 2013 for which he was given a one-year sentence.
***
