Agencies investigate fatal shooting

Oct. 7—State and federal law enforcement agencies are investigating a fatal officer-involved shooting involving a man recently released from custody.

Oklahoma State Bureau of Investigation and the Federal Bureau of Investigation are jointly investigating the Wednesday death of Bobby Joe Johnston.

Johnston, 40, was booked in the Mayes County Jail on the misdemeanor charges of possession of paraphernalia; possession of controlled substance; receive, possess or conceal stolen property; and driving with license canceled, suspended or revoked. He was on hold for Payne County Sheriff's Office.

Mayes County Sheriff Mike Reed said Johnston was transported to Hillcrest Hospital Claremore around 11:30 a.m. Wednesday after a medical issue in the jail. Reed said it's procedure to release an inmate when it appears they are going to be admitted into the hospital. He said a Mayes County judge had signed off on Johnston's release with a date Johnston needed to reappear in court.

"It's a nonviolent type of charge that he had at the time — a misdemeanor," Reed said. "So the judge signed off on it."

Johnston left Hillcrest Hospital Claremore and invaded two homes before stealing a woman's phone and car, Claremore Police Department Public Information Officer Brian Burnett said. Johnston lead CPD officers on a short pursuit before evading the officers in the construction on State Highway 20, he said.

A crash was reported 5 miles east of Claremore on Interstate 44 with the vehicle matching the description of the stolen vehicle, so CPD and the Rogers County Sheriffs Office set up a perimeter, he said.

Burnett said they shortly confronted the suspect and "perceived a deadly force threat" so two Claremore officers and one RCSO deputy fired.

The investigation involves Native Americans and falls under the McGirt Supreme Court decision, OSBI said in a media release.

Hillcrest Hospital released a statement saying they are unable to comment on any individual's care because of privacy laws, but they are aware of the incident and are cooperating with law enforcement agencies as they investigate this matter.