By: Patti Weaver
(Cushing, Okla.) — A 37-year-old Stillwater man accused of pointing a 9 mm Ruger pistol at a friend’s ex-boyfriend and hitting him on the head with the gun in Cushing has been ordered to appear in Payne County District Court on Oct. 20 on a felony charge of assault and battery with a dangerous weapon.
If convicted, Rodney Lee Swindell could be given as much as a 10-year prison term. Swindell remains free on $20,000 bail, court records show.
Swindell was arrested at 8:30 pm on Aug. 30 at a house in the 1300 block of E. Maple Street by Cushing Police Officer Garvis Scott Thomas, who had been sent there at 8 pm on an assault report, according to his affidavit.
“Dispatch advised she could hear multiple people talking and somebody said something about a gun,” the affidavit alleged.
“Upon arrival, I could see multiple people in the house through a front window. I asked everyone to come out of the house, A male in a red cut-off shirt, later identified as Rodney Swindell, exited the back door,” with another man, the officer alleged in his affidavit.
“Due to a gun being potentially involved, I placed Swindell in investigative detention. Swindell advised he did not know why I was there, and that the only reason he was there was to see his friend,” the officer alleged in his affidavit.
The victim, who “had a large swollen right eye with some blood coming from the same area,” was examined by Cushing emergency medical technicians, the affidavit said.
The victim “advised he was attacked by Swindell and pistol-whipped,” with the handle of the gun, the affidavit alleged.
The victim said he thought that Swindell handed the gun to the woman to hide when officers arrived, the affidavit alleged.
In the victim’s statement “he wrote that Swindell pointed the gun at him, and he had to beg for his life,” the affidavit alleged. The victim said that a man was with Swindell “so he felt he could not fight back,” the affidavit alleged.
The woman said that she used to be in a dating relationship with the victim about a month ago, but they were no longer together, the affidavit alleged. She claimed that “she woke up this morning to (him) raping her,” the affidavit alleged.
She said after “she called Swindell and told him what happened,” he insisted on coming to the house to check on her, the affidavit alleged.
She said when Swindell arrived, he mentioned about hurting her ex-boyfriend, but she told Swindell she was okay and he backed off, the affidavit alleged.
She said Swindell came back later with a man and went in the back door without permission, the affidavit alleged. She said Swindell went to her ex-boyfriend’s room in the house and began banging on the door, the affidavit alleged.
She said when her ex-boyfriend opened the door, “he and Swindell began to fight down the hallway,” and at one point, Swindell had her ex-boyfriend in a choke-hold and went unconscious for about three seconds, the affidavit alleged. She said when her ex-boyfriend “regained consciousness he went back to his room and closed the door,” the affidavit alleged.
“At this time, Swindell broke (her ex-boyfriend’s) door down,” police arrived, and everybody hid in a side room, the affidavit alleged.
She said “she was unsure who had the gun, but watched them place the gun in the same room,” the affidavit alleged.
She said “she knew it was Swindell’s gun because she has seen it before,” and then took the officer to where it was, the affidavit alleged.
“I located the gun hidden under some clothes and next to the wall,” the officer wrote in his affidavit.
She told the officer “she did not wish to cooperate with charges or an investigation into the rape,” by her ex-boyfriend, the affidavit alleged.
After advising Swindell of his rights, “I showed Swindell the firearm and he said, ‘where did you find my gun?’ I informed him I found it inside the house. Swindell stated the firearm was inside his truck, which was parked in the alley behind the residence,” the officer alleged in his affidavit.
“Swindell was asked what happened inside the residence and he advised he came over to check on,” his female friend, the affidavit alleged.
“Swindell stated (his friend’s ex-boyfriend) was asked to leave. Swindell denied getting into a physical altercation or hitting anyone with the gun,” the affidavit alleged.
After Swindell’s arrest, “it was later discovered the firearm had a round chambered and had a total of ten bullets,” the affidavit alleged.