AG's office assigns prosecutor to review complaint against Selman
Sep. 27—A prosecutor is assigned to review a criminal complaint filed against District 3 Pittsburg County Commissioner Ross Selman for allegedly impersonating a police officer.
Selman is accused of using red and blue lights while stopping in front of a semi-truck earlier this month on Scipio Road. Oklahoma Attorney General John O'Connor's office appointed District 16 District Attorney Jeff Smith to serve as prosecutor in the case after District 18 District Attorney Chuck Sullivan recused his office from the case.
Rachel Roberts, the director of communications for the AG's office, confirmed the appointment to the News-Capital on Monday.
Smith was previously appointed prosecutor in a 2019 case against Selman after he was accused of forcibly removing two signs designating "Police Only" parking places outside of the Pittsburg County Courthouse.
Smith's office agreed not to charge Selman with the crime as long as he meets conditions of a two-year deferred prosecution agreement, including paying $75.64 restitution for damage to the two city of McAlester signs.
Selman and Smith signed the agreement on March 26, 2021, which states "The District Attorney hereby states that he has sufficient evidence at this time to charge the accused (Selman) with the crime of malicious injury to property, a misdemeanor."
By accepting the agreement, Selman agreed to not violate laws or ordinances of any city, state, or of the federal government, excluding traffic laws and that the agreement would be violated if he did not tell the truth or misrepresent the truth to any branch of the government or its representative.
The agreement states a stay on the deferred prosecution program depends entirely on Selman's conduct and should the terms and conditions of the agreement be violated, the district attorney may choose to terminate the agreement and file criminal charges.
The state of Oklahoma agreed not to file charges against Selman in the 2019 case if he satisfied the agreement that is in effect until March 26, 2023.
Smith was not immediately available for comment Monday after calls to his District 16 DA offices in both Latimer and LeFlore Counties.
A Pittsburg County Sheriff's Office report states Selman used red and blue lights to stop a semi-truck Sept. 2. Selman told the driver "he was breaking the law" and wasn't allowed to drive a semi-truck on the road while referring to "no trucks" signs, the report states.
Sullivan confirmed Sept. 15 his office received the criminal complaint and that he would initiate the recusal process as his office represents county commissioners in their official capacity.
Oklahoma law states "In the event the district attorney and all of his assistants are for any reason disqualified to act in a particular matter, the Attorney General of Oklahoma shall appoint a district attorney or assistant district attorney from another district to act in such matter."
A probable cause affidavit filed in the case states Sgt. Josh Kious spoke with a man who said he was stopped Sept. 2 by "someone using red and blue lights on their vehicle."
The man told the deputy he was driving a semi-truck and trailer on Scipio Road when a gray Dodge Ram truck with red and blue lights that was traveling the opposite direction pulled sideways and blocked the road ahead of him, the affidavit states.
Oklahoma state law allows county vehicles or equipment engaged in emergency work or in highway construction/maintenance to use blue or red lights that flash and shine to the back of the vehicle only.
The driver told the deputy that he did not know who Selman was "but assumed he was some type of law enforcement until he did not see a gun or badge on him," the report states.
Selman told Kious during an interview that "he only stops the trucks driving down the roads he has marked as 'no trucks.'"
Kious wrote he told Selman he was not allowed to stop the trucks and that doing so was impersonating an officer.
"He told me he was going to stop trucks if they are driving down his 'no trucks' roads," Kious wrote in the report, adding he told the county commissioner multiple times he couldn't do that.
Selman told Kious that "he was not trying to impersonate an officer, he just wants the trucks to stop." Kious wrote he told Selman the deputies could do extra patrols on the "no trucks" roads and Selman provided him a list.
Contact Derrick James at djames@mcalesternews.com
