New twist emerges in investigation of Garfield County judge and drive-by shooting
Spent shell casings from drive-by shootings in Texas and Oklahoma match, the OSBI has revealed in the latest twist in the investigation of a judge.
The Oklahoma State Bureau of Investigation has been looking at Garfield County Associate District Judge Brian Lovell because of a drive-by shooting at his brother-in-law's ranch near Bison on Feb. 12.
Lovell, 58, already is accused of shooting at parked cars in Austin, Texas, while driving his SUV on Sept. 11. He also is accused of intentionally rear-ending another driver.
Austin police reported recovering three .40-caliber shell casings after the Sept. 11 shooting. The Garfield County Sheriff's Office reported recovering a bullet and five .40-caliber shell casings after the Feb. 12 shooting.
"The spent casings out of Bison matched the spent casing in Austin, Texas, arrest," OSBI special agent Kevin Woodward revealed in a search warrant affidavit Nov. 1.
More: OSBI investigating Garfield County judge after drive-by-shooting at brother-in-law's home
The OSBI agent told a judge that cellphone data shows Lovell was in the area of his church in Enid about 10 a.m. Feb. 12, which was a Sunday.
The data shows he then headed to another area where several restaurants are located and later headed to Waukomis, where he lives, according to the affidavit.
The shooting at the ranch was just before 3:30 p.m. The ranch is just over seven miles by car from Waukomis.
What OSBI has found in the case so far
New records about searches related to the investigation were filed Wednesday in Garfield County.
Defense attorney Stephen Jones said Thursday the records actually show the judge's innocence.
Jones has been representing the judge in the Oklahoma investigation for three weeks.
The attorney specifically noted the records show the OSBI has found no proof the judge's cellphone was around his brother-in-law's ranch at the time of the shooting Feb. 12.
The records also confirm the judge's statement that he had been to church that Sunday, Jones noted.
The First United Methodist Church in Enid turned over reports on Lovell's yearly attendance at Sunday school and morning worship, the records show. It also provided the OSBI a copy of a check from Lovell.
About the casings, Jones said, "Other experts might have a different opinion."
Lovell became an associate district judge in January after running for the position unopposed. He had been a special judge in Garfield County before that since 2011.
He agreed not to hear cases after his Sept. 11 arrest. He is free on bond.
He faces a misdemeanor reckless driving charge in Texas and could face a felony indictment there once a grand jury hears evidence about the Sept. 11 shooting.
Lovell told an Austin police detective he "did not know why he would have shot his gun and he could not recall any part of the shooting incident," according to court affidavits.
The brother-in-law, Kenneth Markes, was not at home at the time of the shooting, but his son was.
The son, Jacob Joseph Markes, said a male inside a white car started shooting from the road while driving by the residence, the OSBI reported.
He said he was almost struck when the first bullet hit the window where he was standing.
This article originally appeared on Oklahoman: Ballistics evidence implicates judge in Oklahoma drive-by shooting
