Custer County Special Judge Stephanie Jones denied a motion to dismiss Wednesday which was requested by defense counsel for Derrick Barker.
Jones also denied a motion to suppress evidence and implemented a gag order so anybody involved in the case cannot speak publicly about the case. Barker, 50, was charged with
Barker, 50, was charged with obstructing an officer, resisting arrest, attempt or escape from officer, and failure to illuminate registration plate November 27, 2021.
Weatherford restaurant owner Barker released a portion of his arrest footage to an Oklahoma City television station earlier this month.
The defense counsel in the case, William Blocker and Keenan P. Haught, of Palmer Law PLC in Ada, sought evidence during the hearing which would suggest Patrolman Ryan Hetherington did not have the right to pull over Barker. The defense claims patrolman
The defense claims patrolman Ryan Hetherington was at the intersection of Custer Street and Franklin Street when he began his pursuit. This was about 200 feet away from Barker who was driving along Custer, south of Hetherington’s location.
The defense claimed Hetherington activated his emergency lights about 100 feet away from Barker’s location. The defense also claims Hetherington violated Barker’s fourth amendment right by beginning a pursuit and traffic stop before ever arriving within the 50-foot range of Barker and never had legal authority for the initial stop.
During the hearing a video was shown from the point of view of Hetherington’s patrol car video. The court reviewed a portion of the video which clearly showed Hetherington was closer than 50 feet away from Barker when he activated his emergency lights.
“After revisiting the evidence at this time I do find he was performing an investigative stop. I do not find the case should be dismissed,” Jones said. Barker is scheduled to appear
Barker is scheduled to appear for a pre-trial hearing August 9.