A judge has ruled that insufficient evidence was presented at a first-degree manslaughter preliminary hearing to order a trial for a Drumright man who was accused of driving a pickup pulling a single-axle trailer and dragging his wife while she was hooked to the underside of the trailer in Collinsville.
Fifteen months after the death of Cushing native Jana Graves, Charles Douglas Graves, 52, was charged with killing his 45-year-old wife “in the heat of passion” on Feb. 19, 2012, court records show.
Graves was released on $120,000 bond pending a July 17 preliminary hearing at which the prosecution amended the manslaughter charge to include an alternative charge of leaving the scene of an injury or fatal accident, court records show.
Rogers County Judge Terrell Crosson ruled at the close of the hearing last week that there was insufficient evidence of probable cause that Graves committed first-degree manslaughter or the crime in the alternative, court records show. The prosecution gave notice of intent to appeal the ruling.
“Mr. Graves maintains his innocence in the death of his wife,” defense attorney Cheryl Ramsey of Stillwater had noted in a court document for bail shortly after he was arrested.
Graves’ defense attorney pointed out that his vehicle and trailer were released to him, he cooperated with law enforcement and he has lived in or around Payne County his entire life.
Rogers County District Attorney’s Investigator Gary Stansill wrote in an affidavit filed with the charge last year that on Feb. 19, 2012, the day of Jana Graves’ death, she and her husband were visiting their friends, Manny and Coral Sarracino at their Collinsville home.
“The defendant and his wife drove a pickup truck pulling a single axle trailer loaded with a tractor to the Sarracinos’ residence.
“During the course of the visit, Manny Sarracino was discussing with Jana Graves the marital problems between the defendant and Jana,” the affidavit alleged.
“Jana Graves became upset and walked out of the Sarracinos’ residence while Manny Sarracino went to the restroom.
“Upon returning from the restroom, Manny Sarracino left his residence and drove down the street looking for Jana.
“Jana was not located and upon Manny’s return an argument began between Manny and the defendant.
“The defendant became distraught and stated to the Sarracinos, ‘Screw it, you guys deal with her. I’m out of here. She’s your trouble now. I’m going home,"” the affidavit alleged.
“The defendant then got into his truck, which was backed in the Sarracinos’ driveway and drove away,” the affidavit alleged.
“Coral Sarracino reported she then could ‘hear a scream’ and ‘dragging.’ She reported telling her husband, Manny, ‘that sounds like screaming, she’s (Jana) being drug under that trailer,” the affidavit alleged.
“Manny then got into his vehicle and drove down the street after the defendant — while Coral went into her home and called 911.
“Investigators later learned neighbors across the street from the Sarracinos also heard screams while they were watching television,” the affidavit alleged.
“Manny Sarracino drove south on 147 E. Ave. to 136 St. N. where he found Jana Graves on the roadway of 136 St. N., just west of 147 E. Ave.
“Jana Graves suffered extensive injury from apparently being caught on the trailer and dragged on the road. She was declared deceased at the scene by emergency medical personnel.
“The defendant was not at the scene of where Jana was located and a radio broadcast was put out by law enforcement on the defendant and his vehicle in regards to a hit and run fatality.
“OHP Trooper Anthony Harper heard the broadcast and knowing the defendant and where he lived, proceeded to the defendant’s residence in Drumright, Ok.
“Upon arriving at the residence, Trooper Harper found the defendant not to be at home, but later observed him driving towards his residence, but the defendant continued on past his residence.
“Trooper Harper pursued after the defendant and pulled him over. Trooper Harper placed the defendant in his patrol vehicle and activated his vehicle’s recording device.
“Trooper Harper reported at the time he did not know who was the victim of the fatality.
“The defendant was later transported to the Rogers County Sheriff’s Office where he was interviewed by Rogers County Deputy Captain Joe Batt and DA Investigator Gary Stansill.
“During the interview, the defendant denied having any prior knowledge of his wife being deceased, hearing her scream or her being dragged by the trailer he was pulling behind his pickup.
“Investigators later reviewed the video recording from Trooper Harper’s vehicle, which recorded the defendant talking to himself while Trooper Harper was outside his vehicle.
“The defendant’s statements to himself indicated that he had knowledge that his wife was the victim, that she was deceased and began formulating to blame Manny for running over and killing his wife,” the affidavit alleged.
“Investigators determined the defendant did not receive any phone calls on his drive back to his residence in Drumright, informing him of his wife’s death or being dragged behind his trailer,” the affidavit alleged.
The DA’s investigator alleged in his affidavit that he “has probable cause to believe the defendant knew his wife was being dragged behind his vehicle somewhere from the location of the Sarracinos’ driveway to where the victim (Jana Graves) was found on the roadway of 136 St. N. in Rogers County, Oklahoma.”
According to court documents, 13 months after his wife was killed, Graves was arrested for alleged drunk driving at 12:25 a.m. on March 21, 2013, at Stiles Road and Highway 33 by Payne County Sheriff’s Deputy Chris McKosato.
Graves remains free on a personal recognizance bond on that misdemeanor charge pending an Aug. 12 appearance in Payne County District Court.
The deputy was traveling east at 12:18 a.m. that day on Highway 33 when he observed a vehicle also traveling east on Highway 33 cross over the center line at approximately Brethren Road, according to his affidavit.
“I observed the vehicle while approaching the bridge between Brethren and Stiles cross over the center line again. The vehicle’s front driver side tire completely crossed over the center yellow line,” the deputy alleged in his affidavit.
“Once the vehicle corrected its lane of travel, it crossed over the fog line on the south side of the road,” the affidavit alleged.
“As I activated my emergency equipment, I noticed the driver to look in his side mirror and exit the roadway onto the shoulder.
“As the vehicle entered the shoulder portion of the road, it hit a pot hole and bounced. I didn’t see brake lights come on prior to the vehicle exiting the roadway,” the deputy wrote in his affidavit that alleged it was traveling about 78 m.p.h.
Graves smelled of alcohol, had bloodshot watery eyes and heavily slurred speech, the affidavit alleged.
“Graves admitted to drinking several beers in Oklahoma City at a bar called Coyote Ugly’s after being at a concert.
“I asked how much several were and Graves advised three beers in the last hour,” the deputy alleged in his affidavit.
Graves was unsteady on his feet and had to use his truck for balance, the affidavit alleged.
After being shown the nine-step walk and turn task, “during my instructional stage, Graves was unable to maintain his balance.
“Graves started the task and did not complete it as instructed. Graves stopped several times to gain balance, took too many steps, stepped off line and turned incorrectly.
“Graves did not complete the task and quit by saying ‘I’m done,"” the deputy alleged in his affidavit.
After Graves was arrested, his vehicle and passenger were released to a sober driver on Graves’ request, the affidavit said.
At the Payne County Jail, Deputy Adam Jarvis gave a breath test to Graves, whose results were .11 blood alcohol — above the threshhold of .08, the affidavit alleged.
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