Shooting photo

DERRICK JAMES | Staff photo

An attorney filed a motion to set aside a Pittsburg County judge’s decision to quash an Open Records request for video of a July trooper-involved fatal shooting.

Local attorney Brecken Wagner filed the motion Wednesday in response to Pittsburg County District Judge Mike Hogan's order granting District 18 District Attorney Chuck Sullivan's motion to quash Open Records requests.

Mark Anson Schoggins, 35, was fatally shot by Oklahoma Highway Patrol troopers after a pursuit ending at the intersection of South Third Street and South Avenue in McAlester. Wagner and the McAlester News-Capital filed separate requests for law enforcement video from that day.

Wagner said neither he nor the News-Capital were properly served to file a response to Sullivan's motion and quoted Rule 4 of Rules for District Courts of Oklahoma, which states:

“If a responsive pleading is required, the moving party shall serve any pertinent responsive pleading within 20 days after notice of the court’s action. Motions not requiring briefs shall state whether opposing parties agree or object to the request and shall be accompanied by a proposed order granting the relief requested. If there are no opposing parties, or if they cannot be reached, the movant shall so state with particularly. The proposed order shall be served together with the motion upon all parties in the matter.”

Wagner wrote in his motion that he contacted the District 18 District Attorney’s Office and requested that a copy of the motion be sent to his office between Aug. 1 and 6. Wagner said in the motion he has yet to receive a copy of the motion.

The attorney wrote after he learned of the granting of Sullivan’s motion through the News-Capital, he “inquired and was informed” that the newspaper was never served with the state’s motion or notice to respond.

Wagner wrote that Sullivan was “well aware” of the parties of interest in this matter.

“Mr. Sullivan fails to give any notice to those same interested parties in accordance with the most basic and universally known of the district court rules,” Wagner wrote.

The attorney requested that the court set aside the order that granted the state’s motion to quash due to lack of service and requested a leave of 20 days in order to file an objection to Sullivan’s motion and any other relief entitled as matter of law.

This is a developing story and will be updated as more information is gathered.

Contact Derrick James at djames@mcalesternews.com

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