(Stillwater, Okla.) — A felony sexual battery charge against a former guard at the Cimarron Correctional Facility in Cushing has been dropped by the prosecution and refiled as a misdemeanor charge called “acts resulting in gross injury.”
Malinda Gayle Frisbie, 34, of Stillwater, whose surname was originally listed on the felony charge as Dunn, was allowed Friday to remain free on $5,000 bond pending a July 11 court appearance on the misdemeanor docket.
The defendant — then listed as Dunn — was questioned in March 2013 after an inmate “admitted to having a relationship with Dunn to CCF Investigator Joe Sebenick,” Oklahoma Department of Corrections Internal Affairs Agent Casey Hamilton alleged in an affidavit.
The inmate, who has been transferred from the Cushing private prison to another facility, “stated the relationship began with them writing letters to one another approximately two months prior to the interview,” the affidavit alleged.
The inmate “stated they would write letters and Dunn would talk to him about her personal life,” the affidavit alleged.
The inmate “stated Dunn would allow him to leave his cell during counts to clean,” the affidavit alleged.
The inmate “stated they started with kissing and holding one another in the office restroom and later progressed to having sexual intercourse,” once in February and once in March of last year, the affidavit alleged.
The inmate “stated Dunn brought him food and snacks, but nothing else. He stated they had discussed bringing contraband into the facility; however, she had not done so,” the affidavit alleged.
“On March 21, 2013, Agents Hamilton and Randy Knight interviewed CCA (Corrections Corporation of America) Correctional Officer Malinda Dunn at the Cushing Police Department,” during which she admitted to having had sexual intercourse with the inmate twice, the affidavit alleged.
“She stated their relationship began with writing letters to one another, and eventually progressed to having sexual intercourse,” the affidavit alleged.
She said that the inmate “asked her to bring Skoal chewing tobacco into the facility but she declined,” the affidavit alleged.
According to state DOC records, the inmate has been in prison since 2010 on a seven-year sentence for a Tulsa County second-degree burglary — after which he will begin serving a five-year sentence for possession of contraband by an inmate in 2011 in Atoka County.
The inmate also has Tulsa County convictions for:
* attempted car burglary in 2006;
* second-degree burglary in 2006;
* concealing stolen property in 2006;
* car burglary in 2006;
* eluding an officer in 2007;
* possession of a stolen vehicle in 2007;
* false pawn declaration in 2007.
Prior to being incarcerated on his 2010 second-degree burglary conviction, the inmate served less than two years in prison on his earlier charges, DOC records show.
Since the felony sexual battery charge was dropped against the former Cushing prison guard Friday, the maximum penalty she could receive if convicted of committing “an act which grossly injured the person or property of another and which was offensive to public morals,” would be one year in jail and a $500 fine, court records show.
***
