USA – Okay, Oklahoma town trustee who was Tasered while ‘high’ wants police chief’s ouster (2012-10-09)

Published on October 9 2012 by admin

[[SUMMARY / COMMENTS: A case opf shooting the horse that feeds you? – Okay Police Chief Fred Winters used a Taser on Town Councillor Fernand “Paco” Frye, 39, early Sept. 5 after responding to a report that Frye was shouting in his back yard and had overdosed on drugs, an arrest report says. Mr Frye is charged with assaulting the town’s police chief while under the influence of synthetic marijuana. He in turn is demanding the chief’s sacking.]]

Tulsa World, by Zack Stoycoff

OKAY — An Okay town trustee who is charged with assaulting the town’s police chief while under the influence of synthetic marijuana is demanding the chief’s ouster.

Chief Fred Winters used a Taser on Trustee Fernand “Paco” Frye, 39, early Sept. 5 after responding to a report that Frye was shouting in his back yard and had overdosed on drugs, an arrest report says.

Winters wrote in the report that Frye was incoherent and violent when he arrived with medics about 12:50 a.m. He fired the Taser because Frye said he had a gun and appeared to be pulling it out, the report says.

Winters found a loaded .22-caliber handgun and a knife in Frye’s pockets, and Frye later said he had been smoking a form of synthetic marijuana known as K2, the report says.

Frye, who was taken to Muskogee Regional Medical Center, was arrested Sept. 9 on misdemeanor charges of assaulting an officer, disturbing the peace, resisting arrest and carrying a firearm while intoxicated, records show.

He was released on $2,000 bond.

Frye has since asked the town trustees to fire Winters, accusing him of using excessive force and wrongful arrest.

The board tabled decisions Sept. 11 and Tuesday but has asked the Wagoner County Sheriff’s Office to investigate. The Sheriff’s Office passed the investigation to the OSBI, which chose not to open a case, OSBI spokeswoman Jessica Brown said.

Frye said he plans to raise the issue again.

“I’ve been Tased unjustly,” he said. “There was no reason for it because I was communicating and I was calm.”

The arrest report says Frye ignored three warnings that Winters would use the Taser but shouted profanity and told his dogs to bite the chief.

A medic who examined Frye before the Taser hit said his pulse was “racing,” according to the report.

Winters wrote in his report that Frye said he had smoked marijuana for medical reasons that night and mixed it with K2, which is made by spraying psychoactive chemicals on dried herbs. He also said he grows marijuana at his house, according to the report.

Frye told the Tulsa World that he was high on “K2-like potpourri” but that he had mixed it only with tobacco. K2 usually contains chemicals that are illegal in Oklahoma. Frye claimed that the mixture he used was legal.

“I was having a little one-person party in my back yard,” he said. “I was getting a little loud when some neighbors were walking by.”

He said the neighbors overheard him telling his horse about recent developments in Okay. The neighbors talked to Frye for a minute and then left to call the police, he said.

“I talk to my animals like they’re human even though they don’t talk back,” Frye said. “There’s a lot of good things going on in the area, so I was talking to my horse about those things. I was happy about all of it.”

Winters said he wouldn’t comment beyond the arrest report, but he added that it is Frye’s “inalienable right” to seek his firing.

Frye, who has requested a protective order against Winters, said he has quarreled with the chief before because he thinks he writes too many tickets and is rude.

“We haven’t gotten along in the past,” he said. “I’ve tried to work with this guy. I’ve just never voted anything that went his way, ever.”

Frye is due in court on the charges Nov. 29. A protective order hearing is Monday.

Winters became police chief of the town of about 600 residents in 2008.

http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20121009_11_0_OKAYAn15629

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