By: Patti Weaver
(Cushing, Okla.) — A Stillwater man, who was jailed on $100,000 bail following his arrest at a Cushing convenience store, has been ordered to appear before a Payne County judge Tuesday on a felony count of domestic violence as a subsequent offense along with a misdemeanor count of threatening to stab his wife and daughter in the neck if they did not take him where he wanted to go.
If convicted in his latest case, Paul Dwayne Smith, 51, who has two prior domestic violence convictions, could be incarcerated for four and one-half years and fined $5,000, court records show.
Cushing Police Officer David Smith was dispatched at 4:29 pm on July 23 to a convenience store on E. Main Street on a report of a kidnapping in progress, according to his affidavit.
“A Payne County deputy and Stillwater officers with the Payne County Multi-jurisdictional SWAT team had overheard dispatch’s transmissions and arrived before Cushing officers,” the affidavit said.
“Upon my arrival, I observed a white male subject acting irate being detained in handcuffs,” according to the affidavit by the Cushing officer, who was informed by a deputy that the Stillwater man had outstanding warrants.
After arresting Paul Smith, the Cushing officer was advised by his wife “Paul had pounded on her bedroom door, threatening to burn down the house if she did not take him to Yale to cash a check. (She) advised she was scared of the threats, ultimately getting in the vehicle to take him to Yale,” the affidavit alleged.
“While enroute to Cushing to get gas, Paul had hit (his wife) in the face and also caused her to go into oncoming traffic almost causing a wreck. (His wife) advised me Paul had produced a knife and threatened to stab her and her daughter in the neck with the knife if she did not take him to cash his check,” the Cushing officer alleged in his affidavit.
His wife said, “when she got to Kum and Go in Cushing, Paul advised them if they called the cops he would kill all of them. However, (his wife) sent money in with her daughter’s boyfriend into Kum and Go to pay for gas. She advised (her daughter’s boyfriend) to tell the clerk to contact the police department.
“(His wife) advised me she did not feel like she was free to leave due to the threats made. (Her daughter’s boyfriend) advised the clerk they were being kidnapped, (and) multiple subjects contacted 911 advising of the situation,” the Cushing officer alleged in his affidavit.
“(His wife) advised the knife was inside the vehicle,” where it was found in the front seat passenger floorboard, the affidavit alleged.
According to Payne County court records, Paul Smith had been convicted in 2013 of separate incidents of domestic violence in 2012 and 2013, for which he was placed on probation for one year.
In 2009, Paul Smith had been convicted of possessing pseudoephedrine in Stillwater with intent to manufacture methamphetamine, for which he was placed on five years’ probation except for 60 days in jail on Dec. 17, 2009, but 10 months later he was found in violation of probation and given a 90-day jail term along with Drug Court, records show.
In 2008, Paul Smith had pleaded no contest to breaking in and entering a storage shed of a store in rural Payne County in 2006, for which he was initially given a three-year deferred sentence that was changed on Dec. 17, 2009, to a five-year suspended sentence except 60 days in jail, court records show.
Paul Smith’s wife and daughter had each previously obtained emergency protective orders against him on Sept. 26, 2012, both of which were voluntarily dismissed on Oct. 1, 2012, Payne County court records show.
In his wife’s petition for an EPO in 2012, she alleged, “When he drinks, he gets very violent toward me and my child. He hits me and yells at me and kicks me out of our house. In the last week he has kicked me and my child out of the house. When he gets drunk at least three times a week, we have no money or nowhere to go. The sheriff said that this will keep going on so we need to file this EPO. It has been going on for years. I just thought it was okay for this to happen to me. He is very controlling and you do what he wants you to do no matter what it is.”
In his daughter’s petition for an EPO in 2012, she alleged, “When my dad drinks a lot, he likes to yell at me and my mom and he hits my mom a lot. But last night, he started hitting on me. So that’s why I need your help. I thought it was not okay for him to hit my mom all the time, but now he started on me.”
In another petition for an EPO against her father on Sept. 30, 2020, that was voluntarily dismissed on Oct. 12, 2020, his daughter alleged, “I am scared one day he is going to hurt mom and I really bad. He also put his hands on me and hurt me a week ago. He also tells us every day that he is going to burn the house down with us in it. He also does stuff to the car so we aren’t able to leave and that is the reason why I need the protective order.”