Courthouse file

Staff file photo

The sounding of the March Jury Trial Docket is scheduled for 9 a.m. Feb. 22 at the Pittsburg County Courthouse.

A sounding is a court proceeding where a judge assigns trial dates, takes pleas, or schedules a case for a later trial docket. A negotiated plea agreement will not be accepted after the sounding of the docket.

The following felony and civil cases set for the proceeding have been previously reported by the News-Capital.

• State of Oklahoma v. Kaleb Lee Oss, 21, of McAlester

Oss was charged in March after a woman alleged she woke up to Oss in her apartment with a gun in her face demanding a safe. After a fight ensued between Oss and the woman’s son, the woman grabbed a meat clever and hacked Oss, causing multiple severe lacerations and a skull fracture resulting in Oss being transported via medical helicopter to Tulsa to be treated, according to an affidavit in the case.

Oss is charged with felony attempted robbery with a dangerous weapon and felony first degree burglary.

• State of Oklahoma v. William Whitson-Garcia, 21, of McAlester

A charge of felony child abuse by injury was filed against Garcia after an Oklahoma Department of Health and Human Services child welfare employee transported a child to OU Children’s Medical Center in Oklahoma City, where doctors performed an exam and found the child to have seven rib fractures, two healing fractures in the legs, along with a spiral fracture in the arm, an affidavit states.

• State of Oklahoma v. Toby J.D. Morris, 19, of McAlester

Morris is facing charges of felony shooting with intent to kill and misdemeanor reckless conduct with a firearm after police allege he “pointed, aimed and fired” a .40 caliber handgun and shot it one time into the ground and then one time into the driver’s side door of a vehicle toward a woman before later shooting in the air and at the feet of another man.

• State of Oklahoma v. Russell McGee, 53, of Savanna

McGee was charged with two counts of felony production of juvenile pornography after police allegedly found a video on a cell phone allegedly owned by McGee of an underaged girl in a shower filmed through a hole in the wall at his residence, an affidavit in the case states.

• State of Oklahoma v. Aaron Pickett, 32, of Norman

Pickett is accused of driving under the influence of an intoxicating substance before an accident that killed Stuart resident Christina Brown on June 18, 2017.

Pickett was charged with felony first degree manslaughter and misdemeanor failure to maintain insurance or security.

• State of Oklahoma v. Roy Roberts Jr, 34, of Krebs

Roberts was charged with felony first-degree manslaughter after a November 2017 fiery crash in McAlester that killed his passenger, 29-year-old Brittany Monet King Roberts. Roberts is accused of diving under the influence when he crashed into a tree near West Brewer Road, which caused Brittany Roberts to be trapped inside of the car when it caught fire, according to court documents. She was pronounced dead on the scene, court documents state.

• State of Oklahoma v. Antoinette Wall, 66, of McAlester

Wall is facing a felony charge of exploitation of an elderly person or disabled adult after police accuse her of cashing $26,000 worth of checks belonging to a man she was a caregiver of before he was moved to hospice care; he has since died. The woman alleges the man told her she could have the money, an affidavit in the case states.

• State of Oklahoma v. Allen Gragg, 60, of McAlester

In May 2018, an alleged victim – who is now older than 18 – told a deputy that Gragg raped her when she was 11 years old allegedly continued to rape her over a period of years, an affidavit alleges.

Gragg was initially charged in July with one count of felony first-degree rape. Charges were amended against Gragg after an August 2018 preliminary hearing to add seven counts of felony child sexual abuse and one additional count of felony first-degree rape.

Attorneys for Gragg filed a motion for continuance on Feb. 13.

• State of Oklahoma v. Kriste Aragon, 36, of Farmington, New Mexico

Aragon was charged in July 2018 with felony kidnapping of a child, felony lewd or indecent proposal to a minor, and felony solicitation for child pornography after Aragon allegedly kidnapped a then 14-year-old boy from Pittsburg County and drove back to Farmington, New Mexico. Investigators allege the woman also sent lewd photos and messages to the boy prior to the alleged kidnapping.

• State of Oklahoma v. Crystal Maxey, 34, and Joshua Maxey, 33, both of McAlester

Both Crystal and Joshua Maxey were charged in August after investigators allege the pair tried to steal a vehicle from a residence on East Wise Road. A man who spoke with the pair during the alleged attempt said that Crystal Maxey then tried to run him over with a truck when they were leaving, an affidavit states.

The pair each faces one count of felony attempted larceny of automobile with Crystal Maxey facing an additional charge of felony assault with a dangerous weapon.

• Gert and Denise Russell v. McAlester Regional Health Center

The suit states the Russells’ adopted son, Keon James Stone (Russell), was transported July 27, 2016, to McAlester Regional Health Center as a drowning victim and later died.

Attorneys for the Stuart couple allege an employee at MRHC violated HIPAA laws, breached the child’s health information and notified the child’s biological mother of his passing even though the suit alleges the biological mother “consented to the termination of her rights.”

The lawsuit alleges MRHC’s actions led to extreme emotional distress during funeral proceedings and related incidents.

Court documents show MRHC claims their “conduct was neither extreme nor outrageous” and that the damages were a direct result of a third party and “there is no private right of action for a violation of HIPAA,” court documents show.

Motions in Limine, which are pretrial motions asking that certain evidence be found inadmissible, and that it not be referred to or offered at trial, have been filed in the case, according to court documents.

Contact Derrick James at

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