Ex-convict charged with spitting food on trooper at Cushing hospital

 STILLWATER — An ex-convict from Sequoyah County accused of spitting food at an Oklahoma Highway Patrol trooper in the Cushing hospital has been ordered to undergo a mental competency examination pending an Aug. 27 court appearance on a felony charge of placing a body fluid on a law enforcement officer.

   Daniel Walter Booth, 50, of Vian, was arrested at 7:16 pm on July 3 at Hillcrest Hospital in Cushing where he had been released from Sequoyah County to be admitted into the psychiatric unit, according to an affidavit by Cushing Police Officer Katherine Hinkle.

   Cushing officers had been sent at 5:35 pm to the hospital for a combative patient, an affidavit alleged. “Booth was still in the transport vehicle when we arrived, and we were told that Booth had been spitting inside the vehicle. We were able to get Booth into the Emergency Room and onto a bed.

   “Booth was argumentative with officers and hospital staff. At times, he would become erratic and get out of bed to swing his arms and legs around aggressively. Booth was not cooperative with the nurses getting his vitals or with answering personal questions.

   “Approximately an hour and a half later, I was advised by hospital staff that the psych unit would not accept him due to his behavior, and they would be reaching out to Grand Mental Health since he was still in protective custody. While waiting, Officer Walker, Trooper Jones with the Oklahoma Highway Patrol, Payne County Deputy Jones, and myself were in the ER room with Booth.

   “Booth was sitting in a chair eating chips and became agitated. Booth approached officers, who were standing on the other side of the room. Booth had a chip in his mouth and spit it at Trooper Jones. I observed the chip and saliva hit Trooper Jones in the front of the throat.

   “I placed Daniel Booth under arrest for assault on a peace officer. I transported Booth to the city of Cushing jail. Once at the jail, Booth refused to exit my patrol vehicle and had to be carried into the building,” Officer Hinkle alleged in her affidavit.

   According to Sequoyah County court records, Booth had been charged on June 24 with assault with intent to commit a felony in Gore, along with public intoxication and disturbing the peace. On July 6, an application was filed for a determination of his competency, Sequoyah County court records show.

   In Oklahoma County, Booth had been convicted of domestic abuse with a dangerous weapon in 2013 and sentenced in 2014 to five years in prison, but he only served about one and one-half years before he was released in January of 2016 to two years of probation, court records show.

   Also in Oklahoma County, Booth had also been convicted of car theft in 2010 and given a four-year prison term to serve concurrently with another four-year sentence after his probation was revoked in 2010 for domestic abuse in 2009, court records show. He also had been given three years of probation in 1995 for second-degree burglary in Oklahoma County, court records show.