WATONGA – Former Watonga police chief Shawn Kays was back in town Thursday for a hearing about the emergency protective order that was filed against him last June and has been in effect ever since.
Kays and his attorney, Matthew Oppel, sought the dismissal of the order, while Kays’ ex-girlfriend wants it to be permanently extended. After hearing testimony from both Kays and the woman, District Judge Paul Woodward decided to rule on the order next month, citing the “unique facts” of the case to postpone the decision and give him more time for review.
The order was filed the same day lewd flyers depicting the woman were found throughout Watonga. Oppel argued there was no proof that Kays had anything to do with the flyers, while the woman’s attorney Billy Bock said Kays was the only person who could have taken the photo.
Bock painted a picture of a vacation gone bad that ultimately led to the flyers being distributed in retribution. Oppel tried to keep the woman’s testimony limited to the text of her protective order, excluding stories about the vacation and Kays’ behavior before and after the fliers appeared.
The woman claimed Kays had violated his protective order twice in its early days – once by driving past her home and “flipping her off,” she said – but agreed that she hadn’t heard from Kays in months.
Woodward will rule on the order on May 12; the emergency order remains in place until then.
New federal charges
Kays’ protective order hearing comes on the heels of a superseding indictment that introduced new federal charges against him. Originally, Kays was charged in the Western District of Oklahoma only with illegally receiving a firearm while under indictment.
The new indictment introduces two new counts, both related to Kays’ being a “prohibited person” in possession of a firearm. The charges are directly related to the protective order against Kays.
Charging documents say Kays had a Glock .45-caliber pistol, a 12-gauge shotgun, a 5.56-caliber rifle and a .357- caliber revolver in his Mustang home when the Bureau of Alcohol, Tobacco and Firearms served a search warrant there in September 2021. In addition to the firearms and associated ammunition, the ATF also found two “flash bang” canisters, a tear gas grenade and a “medium-sized container of marijuana,” the documents show.
Kays had sought to have the original charge against him dismissed, arguing that he was not technically “under indictment” when he bought the Glock at a gun show in Oklahoma City. In light of the new charges, last week a judge denied Kays’ motion to dismiss.
Kays has been charged with felony burglary and misdemeanor assault for a 2019 rough arrest he conducted in Watonga. Prosecutors argue it was unlawful for Kays to purchase the Glock while that district court case is pending.
Kays’ next district court appearance is scheduled for May 27. Last Monday, Kays pled not guilty to the new federal charges against him.
That case is now scheduled for trial in mid-June.