Tommy Roberts, 32, is facing one count of assault and battery with a dangerous weapon and one count of assault with a dangerous weapon. The charges were filed July 6.
The stabbing allegedly took place during the Memorial Day Holiday at a campsite on Lake Tenkiller in Cherokee County
According to court records, Roberts allegedly stabbed Charles Smallen, 36, of Muldrow without justifiable or excusable cause. Roberts also is being charged with allegedly attempting to cut his ex-wife, Brooke Humphries Roberts, during the fight between Roberts and Smallen.
According to the Cherokee County Sheriff’s report, Deputy Preston Oosahwee was called to a Snake Creek campsite to meet with the alleged victim, Charles Smallen, 36, of Muldrow.
Smallen told Oosahwee that Roberts approached him while he was camping with his family. Smallen said he asked Roberts to leave but attacked him with a knife and stabbed him. Smallen said words were exchanged and a physical fight broke out.
Roberts disagreed with the report filed with the Cherokee County Sheriff’s Department. Roberts said Smallen had been harassing him. Roberts said when he walked up toward Smallen’s campsite and stopped to talk to a few people Smallen came out of nowhere and punched him on the side of his head. Roberts said he fell to the ground.
According to Roberts, Smallen got on top of Roberts and began punching him in the head and face. He said the only thing he could do was grab his pocket knife and blindly swing it to defend himself in hopes of getting Smallen off of him.
“It was self-defense. I estimate Smallen to be between 285 and 300 pounds and I weigh about 142,” Roberts said.
The knife was not confiscated, no arrests were made, and only an incident report was filed through the Cherokee County Sheriff’s Office and a statement that Roberts hand delivered to the sheriff’s office after the incident.
A spokesperson for the Cherokee County District Attorney’s office said a disposition hearing will be held at 9 a.m. on Aug. 24 before Special District Judge Holli Wells.
If Roberts is convicted of both charges he could face up to 10 years in prison or one year in the county jail.
