'No evidence of criminal acts': OK AG, OSBI conclude McCurtain County sheriff probe following controversial recordings
McCURTAIN COUNTY, Okla. (KFOR) - An investigation into McCurtain County Sheriff Kevin Clardy found "no evidence of criminal acts or other conduct that would be statutory grounds for ouster proceedings," Oklahoma Attorney General Gentner Drummond said Friday.
Governor Kevin Stitt called for the investigation in late April after the sheriff refused to resign for his alleged participation in a disturbing March 6th meeting of several McCurtain County officials that discussed the killing of journalists and hanging Black Oklahomans, almost reminiscing on archaic and racist punishments.
Transcripts from the audio:
“If this was back in the day when Alan Marston would take a damned Black guy and whoop their ass and throw them in the cell, I would run for f**** sheriff,” said District 2 Commissioner Mark Jennings, according to the McCurtain Gazette.
“It’s not like that no more,” responded Clardy.
“I know – take em down on Mud Creek and hang em up on a damn rope, but you can’t do that no more. They got more rights than we got,” concluded Jennings.
Graphic Language Warning: Link to transcripts from the audio recording provided by Bruce Willingham’s attorney.
Calls for resignation have come from the local, state and national levels. District 2 Commissioner Mark Jennings resigned. However, Investigator Alicia Manning, Jail Administrator Larry Hendrix and Sheriff Clardy refused to step down, despite being suspended from the Oklahoma Sheriffs’ Association.
AG Drummond expanded the investigation with the Oklahoma State Bureau of Investigation following Stitt's request.
Now, that investigation has concluded.
Investigators determined there was no evidence of criminal acts or other conduct that would be statutory grounds for ouster proceedings.
Drummond reported his conclusion based on the findings in a letter to the Governor.
“While I understand this outcome may be frustrating to you after calling for the Sheriff’s resignation and removal, it is the only appropriate conclusion under the law,” wrote Drummond. “There are countless examples of incidents from across the country where public officials make inflammatory comments that spark severe condemnation. Oftentimes the offending official resigns in disgrace. Sometimes the outrage fades and the matter is forgotten. Regardless, there is no provision of law in Oklahoma to throw elected officials out of office merely for saying something offensive.”
"The voters of McCurtain County will have the final say over who will serve them as Sheriff.”
Attorney General Gentner Drummond
With Clardy refusing to resign, Drummond said the fate of that office will be determined by the voters of McCurtain County.
“These last several months have been extremely difficult for the residents of McCurtain County,” said the Attorney General. “Many are understandably frustrated and angry. There is, however, power at the ballot box. Voters have the ultimate say in who represents them at all levels of government.”
Gov. Stitt's office responded Friday afternoon:
Sheriff Kevin Clardy has a duty to protect and serve the people of McCurtain County. Instead, he chose to brazenly advocate for violence against Black Oklahomans and members of the media. He failed to ‘keep and preserve the peace’ of McCurtain County—a duty with which McCurtain County voters entrusted him. This is a willful neglect of duty. Governor Stitt stands by his call on Sheriff Clardy to resign.
Abegail Cave, Communications Director