A Pittsburg County judge granted a motion to quash state Open Records requests to obtain video footage of a fatal trooper-involved shooting, with the motion granted 52 days after the July 17 shooting occurred.
Mark Anson Schoggins, 35, was fatally shot by Oklahoma Highway Patrol troopers following a pursuit that ended at the intersection of South Third Street and South Avenue in McAlester.
The McAlester News-Capital and local attorney Brecken Wagner filed Open Records requests on July 18, seeking law enforcement video of the shooting from OHP and the McAlester Police Department.
District 18 District Attorney Chuck Sullivan filed the motion to quash the Open Records requests 13 days after the shooting occurred on July 30, following the Open Records requests previously made by the News-Capital and Wagner.
Sullivan’s motion stated that he conferred with MPD and determined that the entirety of the videos were redactable under the provisions of 51 O.S. § 24(A)(10)(b) and asked for the court to issue an order prohibiting the release of any video footage recorded by any officers who responded to the scene while the ongoing investigation and possible prosecution of the case are active.
Pittsburg County District Judge Mike Hogan granted Sullivan's motion Friday after no response was filed against the motion, according to the judge's order.
"We're disappointed in the ruling because we believe in the public's right to know — particularity when it involves a fatal officer-involved shooting," said News-Capital Publisher Ed Choate.
"Transparency in government goes a long way toward trust in government," said Choate.
After learning of the order through a request for comment, Wagner told the News-Capital on Tuesday that he plans to file a motion to set Hogan's ruling aside.
Sullivan said he has not received a report from the Oklahoma Highway Patrol regarding its investigation.
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