Civil suit dropped; Federal charges heard in November
Ex Watonga police chief Shawn Kays will have a preliminary hearing Friday in Blaine County on state charges of burglary and assault and battery.
According to a probable cause affidavit filed with Blaine County in July 2021, a resident reported a man entered his home on East Fourth Street while he was at a neighbor’s home. Watonga officers Michelle Singh and Ryan Gibson responded to the call.
A female, identified in the affidavit as Julia Cosby, was in the home and told the officers she lived there. Singh told Cosby to leave the home and that she could be arrested if she did not comply. Cosby said she was being allowed to stay at the home and her belongings were inside. Gibson checked the interior of the home to verify the belongings and that there were no other persons in the residence.
The two officers spoke with one another about Cosby’s authorization to be in the home.
At that point, Kays arrived on the scene. He was not in uniform. Singh explained to Kays that the call was about a person who had entered the home without permission and not about Cosby.
Anitra Harper, a relative of the homeowner, who is not the man who called about the intruder, was also on the scene. Kays told her that she would have to begin the eviction process, while Singh said Cosby could not be arrested because she had permission from the tenant to be on the premises.
According to the affidavit, Kays then made contact with Cosby on the back porch. He did not identify himself as an officer and demanded Cosby show proof of residence. He entered the home over Cosby’s objections. When Cosby held her hand out to stop Kays, he shoved her back and entered the residence. Singh attempted to restrain Cosby and Kays pushed her out the door and jerked her arm while she was being handcuffed.
These events led to Kays being arrested and charged in July 2021.
A civil lawsuit was filed against Kays, other officers, the city and the department, but that action has been dismissed. The dismissal was without prejudice, though, meaning Cosby could refile the case, should she so choose.
However, the state and civil charges aren’t the end of the trouble for the former chief.
Kays is charged with three federal weapons charges. The first claims he received a firearm while under the burglary indictment in Blaine County.
The second count charges he knowingly possessed a firearm that had crossed state lines to reach Oklahoma while he was under a protective order issued by the Blaine County court. A protective order generally forbids possession of a firearm. That protective order has been rescinded.
The third count is also on charges of possession of firearms by a prohibited person, and covered a shotgun, a rifle and a .357 revolver.
The penalty on the charges is 3 to 10 years imprisonment and up to $250,000 in fines on each count.
Kays remains free without bail in the matter. Despite multiple motions, Kays’ attorney in the federal cases has not been able to get the charges dismissed or the counts consolidated.
A trial date of Nov. 1 has been set to hear the federal case.