By Patti weaver
(Stillwater, Okla.) — Two young men charged with attacking two OSU fraternity members on the Saturday after Thanksgiving have been ordered to appear in Payne County District Court on Jan. 4, 2022, on charges related to a disturbance in Stillwater that was recorded on video surveillance.
The accused, Gage Heath Miller, 20, and Jacob Lee McClendon, 21, both from Comanche in Stephens County, admitted they were intoxicated when they were arrested at 1:36 am on Nov. 27 at 1308 W. 3rd Ave., Stillwater Police Officer Byron Goree alleged in an affidavit filed last week.
The pair, who remain free on $5,000 bail each, could be given as much as a five-year prison term if convicted of aggravated assault and battery on a fraternity member who was choked and kicked in the head, plus a 90-day jail term if convicted of punching a second fraternity member in the face.
McClendon could also be given a one-year jail term if convicted of stomping on a third fraternity member’s cell phone; Miller and McClendon could each be given a 30-day jail term if convicted of public intoxication.
“While speaking to Jacob and Gage, I believed them to be intoxicated. When asked, both agreed that they had been drinking in excess and were intoxicated,” the officer alleged in his affidavit.
“I was alerted by the victims that there was video surveillance of the entire disturbance,” according to an affidavit by Officer Goree, who said he was able to view a recording depicting the events before he and Officer DeVore arrived.
According to the affidavit, the three fraternity members had been approached by the defendants to ask for directions.
“After a brief conversation, Gage assaults (the first victim) using two head-butts and an altercation ensues between them,” the affidavit alleged.
During the attack, “Jacob runs up to (the second victim) and kicks him in the face twice causing (him) to fall backwards. Gage still does not release (the first victim) until he is somewhat motionless. Gage then releases him and begins to stand over (him) and starts stomping and kicking (his) head. I counted five kicks/stomps that Gage delivered to (the first victim) while he was lying on the ground in a defensive pose attempting to protect his head.
“(The second victim) again tries to help (the first victim) by getting between the two. Gage then punches (the second victim) in the face just before other bystanders rush in and begin to break up the altercation.
“It is clear from the video footage Gage and Jacob are the primary aggressors during the incident,” in which one victim had a broken nose and jaw, the affidavit alleged.
