A man facing first-degree murder charges and possibly the death penalty was charged with assault Aug. 3 after he allegedly assaulted a detention officer while being held in the Sequoyah County Jail in Sallisaw.

Leon Markel Winston, 42, of Sallisaw will go to court on the charge at 9:30 a.m. Aug. 28 in Sequoyah County District Court.

According to court records on May 25, Detention Officer Brandon Dostert was conducting a routine cell check at 9 a.m. Dostert entered Winston’s cell to remove a toothbrush from the window sill and Winston asked Dostert what he was doing.

“The windows need to be free from any foreign objects,” Dostert reported he told Winston.

According to the report Winston became agitated and told Dostert to “get the … out.”

Dostert radioed for assistance and told Winston that he would be placing him on lock down for disrespect to staff. According to the report Winston started yelling and told Dostert, “… you. Ya’ll need to stop screwing with me.”

As Winston was yelling at Dostert, Dostert reported Winston threw a book toward him.

Winston is accused of first-degree murder for the death of 62 year-old Darla Lovern Caughman. Winston will be formally arraigned on the murder charge at 1:30 p.m. Sept. 17 in Sequoyah County District Court.