Osage County Sheriff sues DA over laundry list of issues

Andy Dossett, Bartlesville Examiner-Enterprise
·3 min read
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Osage County Sheriff Eddie Virden
Osage County Sheriff Eddie Virden

PAWHUSKA — Embroiled in a simmering conflict with District Attorney Mike Fisher, Osage County Sheriff Eddie Virden filed a lawsuit in Osage County District Court on Oct. 6 against the DA, further perpetuating the legal tug-of-war between local officials.

Sheriff Virden's lawsuit against Fisher seeks no less than $20,000 in damages and accuses Fisher of libel, slander, interfering with an official investigation, malicious interference for political gain, abuse of power and more, according to court documents.

This lawsuit is not an isolated incident but the continuation of disputes revolving around various investigations and professional disagreements. Previously, Virden attempted to lodge an Oklahoma Bar complaint against Fisher, which was unsuccessful, according to the Pawhuska Journal-Capital.

More: Mitchell places only bid on Kennedy Building

Discord originating from a cold case

Dennis Rader is seen in a Sedgwick County courtroom in Wichita, Kan. during the first day of testimony in the sentencing phase of his trial on Wednesday, Aug. 17, 2005. Rader, also known as BTK, a 60-year-old former church congregation president and Boy Scout leader, pleaded guilty in June to 10 murders that haunted Wichita over three decades. (AP Photo/Bo Rader, Pool)

In September, Virden announced the formation of a task force naming Dennis Rader, the Wichita, Kansas convicted serial killer known as BTK, as the "primary suspect" in the 1976 disappearance of teenager Cynthia Dawn Kinney.

Fish disagreed with Virden's conclusions and requested an independent investigation by the Oklahoma State Bureau of Investigation. Virden criticized Fisher's intervention, sparking a series of public comments from the two.

Fisher and Virden each hosted press conferences on Sept. 11 and 12, respectively, defending their positions and critiquing each other's approach to the investigation.

More: Not enough evidence to charge BTK killer in Oklahoma cold case, prosecutor says

At his Sept. 11 press conference, Virden alleges Fisher made "false and defamatory statements" about him and his investigation into Rader.

The lawsuit claims that Fisher's remarks were "uninformed" and "ignorant," and jeopardizes the integrity and progress of the investigation.

"It's just sad," Fisher told the Pawhuska Journal-Capital. "It's just unfortunate that he continues to pursue whatever vendetta he has against me. I've tried to take the high road with him, but he doesn't seem interested in that."

TV dreams dashed

Apple Original Films has unveiled two official key art posters for Martin Scorsese's highly anticipated movie “Killers of the Flower Moon,” which was filmed in Oklahoma. The fact-based film will open wide, simultaneously in theaters around the world, in partnership with Paramount Pictures, on Friday, Oct. 20, 2023.
Apple Original Films has unveiled two official key art posters for Martin Scorsese's highly anticipated movie “Killers of the Flower Moon,” which was filmed in Oklahoma. The fact-based film will open wide, simultaneously in theaters around the world, in partnership with Paramount Pictures, on Friday, Oct. 20, 2023.

The lawsuit further claims Fisher is responsible for meddling in his hopes to star in a reality TV show called "The Force," which would chronicle the day-to-day activities and experiences of deputies under Virden’s command.

In his lawsuit, Virden references the release of the movie "Killer of the Flower Moon." The movie "portrays a much less professional type of law enforcement injurious to Osage County from a century ago,” the lawsuit says, using the statement as a justification for Virden's potential participation in the reality TV show.

Fisher raised concerns about the TV show, specifically regarding film crews potentially jeopardizing crime scene integrity, influencing pre-trial publicity, creating film footage that might be deemed court evidence and risking crew members being summoned as witnesses. He also voiced worries about investigators being distracted by on-site filming.

Ultimately, Virden withdrew his TV show request to the Osage County Board of Commissioners, citing outside forces for politicizing the potential show.

More: DA, Undersheriff discuss TV series concerns

"I never imagined that something as seemingly simple as a TV series contract could unravel into such a complicated situation, leading to accusations from commissioners and even anonymous newspaper editorials,” Virden wrote in a letter withdrawing his request.

Additional grievances surrounding property sale

Located at the corner of Kihekah Avenue and Sixth Street, the value of the Kennedy building in downtown Pawhuska was appraised at $910,000 earlier this year, according to court records. The building was sold at auction in August for $728,000 to the lone bidder, property investor Jay Mitchell.
Located at the corner of Kihekah Avenue and Sixth Street, the value of the Kennedy building in downtown Pawhuska was appraised at $910,000 earlier this year, according to court records. The building was sold at auction in August for $728,000 to the lone bidder, property investor Jay Mitchell.

Further complicating matters, Virden's lawsuit raises suspicions about the legality of Osage County's sale of the Kennedy Building in Pawhuska on Aug. 15, 2023.

The lawsuit referred to the auction as a "mock auction." It criticized county commissioners for declaring the building surplus property without consulting Virden.

More: Mitchell places only bid on Kennedy Building

It demanded that the Osage County District Court vacate the August 2023 auction and the building's conveyance to real estate investor Jay Mitchell.

According to court records, Fisher has 20 days to write a written response and appear before the court once he is served.

The EE will update this developing story as more information comes in.

This article originally appeared on Bartlesville Examiner-Enterprise: Osage County sheriff's public feud with DA heats up with lawsuit