AP

Suspect in Oklahoma deputy’s death also fired at 3rd officer

Aug 25, 2022, 9:56 PM | Updated: Aug 26, 2022, 10:56 am

This undated photo provided by the Oklahoma County Sheriff's Office shows Oklahoma County Sheriff's...

This undated photo provided by the Oklahoma County Sheriff's Office shows Oklahoma County Sheriff's Deputy Bobby Swartz. Authorities said Swartz was shot and killed and a second deputy wounded while the two were serving eviction papers Monday, Aug. 22, 2022, at a home on the southwest side of Oklahoma City. (Oklahoma County Sheriff's Office via AP)

(Oklahoma County Sheriff's Office via AP)

OKLAHOMA CITY (AP) — Court documents show the man suspected of fatally shooting an Oklahoma deputy sheriff and wounding another also fired at but missed a third deputy.

A probable cause affidavit alleges Benjamin Plank, 35, fatally shot Oklahoma County Deputy Bobby Swartz, wounded deputy Mark Johns and shot at the third deputy, whose name has not been released, as they tried to serve him with eviction papers Monday in Oklahoma City.

Based on the affidavit, a judge on Wednesday found probable cause of first-degree murder, shooting with intent to kill, assault with a deadly weapon and shooting from a vehicle to order that Plank be held without bond pending the filing of formal charges

Court and jail records do not list an attorney who could speak on his behalf.

The affidavit says Swartz, Johns and the third deputy went to the front door of the home to serve the papers, but Plank refused to exit the home.

Swartz and Johns then went to the rear of the house in an attempt to enter as the third deputy remained in front of the home.

“As the deputies approached the back door, they were met with gunfire,” killing Swartz.

Plank then entered a garage where he shot, but missed the third deputy, then went outside and exchanged gunfire with Johns, wounding Johns, the affidavit states.

Plank then fled in a pickup truck towing a boat and exchanged gunfire with pursuing law enforcement officers before stopping at an entrance to Tinker Air Force Base, where he was tackled, shot with a stun gun and arrested.

Oklahoma City Police Chief Wade Gourley, whose department is investigating the shooting, said Tuesday that a rifle, handguns and ammunition were seized from Plank and that he has “100% confidence” Plank planned to kill “any law enforcement that came to his house,”

Gov. Kevin Stitt has ordered U.S. and state flags to fly at half-staff from Friday until sundown Sunday in honor of Swartz and Osage County Sheriff’s Capt. William Hargraves, who died in an automobile collision last Thursday.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

Photo: The seal of the Federal Communications Commission (FCC) is seen before an FCC meeting to vot...

David Hamilton, The Associated Press

Net neutrality restored as FCC votes to regulate internet providers

The FCC on Thursday voted to restore "net neutrality" rules that prevent broadband internet providers from favoring some sites over others.

14 hours ago

southwest airlines...

David Koenig, The Associated Press

Southwest will limit hiring and drop 4 airports, including Bellingham, after loss

Southwest Airlines will limit hiring and stop flying to four airports as it copes with weak financial results and delays in getting new planes from Boeing.

23 hours ago

Photo: Anti-abortion activists rally outside the Supreme Court on April 24....

Associated Press

Supreme Court appears skeptical that state abortion bans conflict with federal health care law

Supreme Court justices appeared skeptical that state abortion bans, after their ruling overturning Roe v. Wade, violate federal healthcare law.

2 days ago

Photo: President Joe Biden speaks before signing a $95 billion Ukraine aid package....

Associated Press

Biden signs $95B war aid measure for Ukraine, Israel, Taiwan into law as TikTok faces ban

Biden said he was rushing weapons to Ukraine as he signed a $95B war aid measure, including assistance for Israel, Taiwan and other hotspots.

2 days ago

Photo: Republican presidential candidate and former President Donald Trump sits in the courtroom at...

Michael R. Sisak, Jennifer Peltz, Eric Tucker and Jake Offenhartz, The Associated Press

Trump tried to ‘corrupt’ the 2016 election, prosecutor alleges as hush money trial gets underway

Trump tried to illegally influence the 2016 election by preventing damaging stories about himself from becoming public, a prosecutor said.

4 days ago

Image: Former President Donald Trump and his lawyer Todd Blanche appear at Manhattan criminal in Ne...

Associated Press

Police to review security outside courthouse hosting Trump trial after man sets himself on fire

Crews rushed away a person after fire was extinguished outside where jury selection was taking place in the Donald Trump criminal trial.

7 days ago

Suspect in Oklahoma deputy’s death also fired at 3rd officer