A convicted felon on a suspended sentence from a 2008 charge has new charges against him after he tried to assault an Oklahoma Highway Patrol (OHP) trooper, then a little over a week later, scuffed with another OHP trooper.

Michael Shane Martindale, 46, of Sallisaw was convicted on April 8, 2008, of assault with a dangerous weapon after Martindale pulled out a .45-Caliber pistol and started shooting at his wife. He received a two year suspended sentence according to court records.

OHP Trooper Kyle Henson took Martindale into custody on May 23 after a simple traffic stop ended in an altercation between the two men.

On June 2, Martindale resisted OHP Trooper Derek Griffey when he pulled Martindale over on interstate 40. Griffey reported Martindale crossed the fog line several times.

According to both OHP reports, Martindale was found with methamphetamines or marijuana during each stop.

After the May 23 traffic stop, Henson booked Martindale in jail on charges of assault and battery upon a police officer, possession of methamphetamine and possession of marijuana. On June 2, Griffey booked Martindale in jail on charges of possession of a controlled substance, possession of drug paraphernalia and resisting arrest during a traffic stop.

Martindale’s suspended sentence was revoked on June 1 after he allegedly violated the rules and conditions of probation by having narcotics and violating state law with assault and battery and resisting arrest.



Traffic Stops

According to the May 23 report, Henson pulled Martindale over for driving left of the center line, and Henson asked Martindale to have a seat inside his patrol car so he could write him a warning.

Martindale, according to the report, was having a hard time keeping his body from twitching, wouldn’t make eye contact and “seemed to be on the edge.” After a conversation with Martindale Henson asked Martindale if he was carrying anything illegal. Martindale told him “no.”

According to the report, Martindale seemed to be getting agitated while being asked questions and Henson states in the report that Martindale’s lip even started to quiver.

The report states Henson and Martindale got out of the patrol car and stood in front of the patrol car. Henson asked Martindale if he could search his vehicle and was told he could search it as long as Henson wouldn’t tear anything up inside his truck.

When Henson began patting down Martindale, Martindale started sticking his hands down the front of his pants according to the report. Henson told Martindale to give him his arm and Martindale immediately started resisting. Henson put Martindale in a neck restraint and took him to the ground the report states. As Henson tried to place handcuffs on Martindale, Martindale tucked his arm in near his chest. Henson told Martindale several times to give him his arm, but he refused. Martindale then stood up with Henson on his back and the two began to wrestle.

Henson reported he noticed that during the altercation, Martindale pitched something in the ditch. Henson placed Martindale in another neck restraint and Martindale passed out. Henson was able to place handcuffs on Martindale at that time. Henson called an ambulance out to the scene due to the amount of blood that was coming from Martindale’s head and then checked the ditch for what Martindale may have thrown. Henson found a container that had a white and a brown substance inside it and a smoking pipe allegedly containing marijuana.

According to the report, when the ambulance arrived Martindale and Henson were both checked and Henson’s elbow, which was cut during the altercation, was taped and bandaged. Once Martindale was cleared by the doctor at Sequoyah Memorial Hospital in Sallisaw he was taken to the Sequoyah County Jail. Martindale posted a $13,000 bond on May 24 and was arraigned May 27. Then, 10 days later Martindale was pulled over by OHP Trooper Derek Griffey.

According to the report, Griffey asked Martindale to have a seat in the front seat of his patrol car so he would write him a warning ticket. The report states Martindale crossed the fog line on Interstate 40 several times. Griffey said Martindale smelled of alcohol. According to the report Martindale had a dip of tobacco in his mouth and kept opening the passenger side door to spit.

Griffey said he noticed Martindale was uneasy and nervous and kept grabbing his waist area. OHP Trooper Shawn Griffey arrived at the scene and Griffey got out his vehicle to discuss the situation with the other trooper. According to the report as Griffey walked toward the passenger side to perform a sobriety test on Martindale, he saw a small black container with a white powder substance laying on the ground just outside his passenger side door.

When Griffey told Martindale to get out of the vehicle and put his hands behind his back Martindale became aggressive and jerked away. Griffey placed Martindale in a neck restraint until Martindale became unconscious. Martindale was handcuffed and he transported to the Sequoyah County Jail.

Martindale’s arraignment was scheduled for Thursday but was continued because the state wouldn’t accept a lower bond. As of press time Martindale was still in jail with a bond set at $200,000. A new court date has not been set according to the district attorney’s office. Attorney Rex Earl Starr will be representing Martindale during his court proceedings.