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After Kill. Bury. Print.: The McCurtain County Jail Cases

4 days ago
2 min read

Updated: 20 hours ago

On September 27, Peacock premiered Kill. Bury. Print., a documentary produced by Rachel Maddow about the McCurtain Gazette and its reporting on the McCurtain County Sheriff's Office. If you watched it and want to know what has happened in the courts, here is a short guide to three federal civil rights cases our firm is handling out of McCurtain County.


Bobby Barrick


Bobby Dale Barrick, a Choctaw Nation citizen, died in March 2022 after an encounter with two McCurtain County deputies and a state game warden. The district court ruled that because the officers held tribal cross-commissions, they were not acting under state law. On September 21, 2026, the Tenth Circuit vacated that judgment and sent the case back for further proceedings under its decision in Walden v. City of Duncan. We represent his wife, Barbara Barrick.



Roper Harris


Roper Harris was booked into the county jail in September 2021. Former jail shift supervisor Joe Ebert has pleaded guilty in federal court to conspiring to violate his civil rights. Cody Johnson, a former jail employee who had been a defendant in Roper's lawsuit, has pleaded guilty to a federal civil rights conspiracy charge of his own. The former jail administrator, Scott McLain, has been indicted on related charges; he is presumed innocent and is set for trial in February. Roper's civil case is pending.



Marion Whitten


Marion Whitten was held in the jail in January 2022. Joe Ebert has pleaded guilty in federal court to striking him three times in the face while he was strapped in a restraint chair and posed no threat to anyone. Marion's civil case against former jail officials is pending.



What Happens Next


Each of these cases will be decided by a federal court on the evidence, not on television. The criminal pleas establish what the men who entered them admitted. They do not decide the civil cases, and anyone who has been charged but not convicted is presumed innocent.


News coverage of these cases is collected on our In the News page.


If you or someone you love was hurt in a county jail or by a law enforcement officer, call Garrett Law at (918) 221-6190. These cases turn on their facts, and deadlines apply.



This post is general information, not legal advice. Past results do not guarantee a similar outcome.

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