COVID-19 precautions in place for 3 May jury trials; judge asks potential jurors to respond to summons
May 5—COVID-19 precautions will remain in place in courtrooms as three cases are set for trial this month in Pittsburg County District Court.
Although Pittsburg County Commissioners lifted COVID-19 restrictions at the courthouse on April 30, the courtrooms are under judicial control.
District 18 District Judge Mike Hogan said he will ask jurors to wear a mask, but they will not be mandatory.
The judge said he will socially distance any juror that does not wear a mask.
Associate District Judge Tim Mills has a list of rules taped to his courtroom door that include a mandatory mask for everyone inside the courtroom and social distancing.
Those who have received a jury summons in the mail are being urged by Hogan to respond to the summons by Monday.
Hogan said out of 250 jury summons that have been sent out, only 53 have responded so far, with more being disqualified and excused.
A letter will be sent to those who have yet to respond to the summons, explaining the summons is a legal document and there could be possible consequences for failing to respond.
Those consequences are an arrest warrant or a show cause hearing held to answer why the summons was not responded to.
Hogan said although it has been the position of the court to not resort to issuing a summons for a show cause hearing or an arrest warrant, the position could change if potential jurors do not respond to the summons.
People who have received a jury summons who have not responded are urged to call the Pittsburg County Court Clerk's Office at 918-423-4859.
Felony trials and civil cases over $10,000 are composed of 12 jurors. Jurors are chosen from holders of a valid Oklahoma driver's license, randomly selected by computer and are entitled to $20 per day and mileage if selected to sit on a jury.
The first trial of the May docket is the State of Oklahoma v. Jonathan J. Tubbs. The trial is scheduled to begin May 11 and is scheduled for three days in Mills' courtroom.
Tubbs is charged with murder in the first degree — deliberate intent in the January 2020 shooting death of 37-year-old Catrina Pope, according to documents filed in Pittsburg County District Court.
A probable cause affidavit filed in the case states officers arrested Tubbs after he called 911 and told dispatchers he killed his wife.
Officers found Pope deceased at the scene "with an apparent gunshot wound" inside the residence and took Tubbs into custody and transported the man to the Pittsburg County Jail, the affidavit states.
During an interview with detectives, Tubbs said Pope had come home from work "and was acting strange" and that she had "lunged at him in the living room where he was sitting in a chair" and that is when he picked up his 9 mm pistol and shot Pope, the affidavit states.
The second trial scheduled is a civil case involving a firefighter who claims he was injured during a 2017 industrial fire in Alderson.
Court documents show the firefighter, Dalton Morrow, is asking for more than $75,000 in damages from Tucker Energy Services, claiming the company was negligent by not having appropriate warnings on its premises for the chemicals stored at the facility and that the firefighter's lungs were severely damaged by the chemicals.
The trial will begin May 18 in Pittsburg County District Judge Mike Hogan's courtroom and is scheduled to last three days.
The final trial of the May docket is scheduled to begin May 19 in Mills' courtroom and is scheduled to last two days.
Documents show Clifford Allen, 56, of McAlester, was charged in May 2020 with feloniously pointing a firearm.
Allen faces up to 10 years in the custody of the Oklahoma Department of Corrections if convicted.
Contact Derrick James at djames@mcalesternews.com
