Donald Gene Allen, 39, says he does not remember much about allegedly being beaten about the head.
"They had already put me in a cell and I was changing clothes," Allen said. "I heard someone say 'Where is he?' I turned around and the lights went out. I never said a word."
Allen said the entire incident is on tape and his attorney, Bill Ed Rogers of Sallisaw, has a copy of the tape.
Allen said he was taken to Sequoyah Memorial Hospital, where he was seen by a doctor, who told jailers that he may have a "concussion" and should be watched, but could be returned to the jail.
Allen's mother, Maglene Allen, said she was concerned about her son, and asked a friend to check on him in the jail June 26. She said that, within an hour, the friend called back and said she should try to get her son out of jail as soon as possible. He was later released on his own recognizance by District Judge John Garrett, and taken to his mother's home by his two daughters.
Allen said his mother and brother then took him to St. Edward Mercy Medical Center in Fort Smith, Ark. After arrangements were made for Allen's Social Security disability insurance, he underwent facial surgery Monday, and was released Tuesday.
Allen's right eye is sutured shut. He said Thursday he has a follow-up visit with his doctor in a week, and it will be determined if his eyesight has been impaired at that time. The left side of Allen's face also has stitches, and he said the plastic surgeon went through the roof of his mouth to repair a broken jaw and broken eye socket on the right side. Allen said he believes he has between 40 and 60 stitches.
"And the doctor at the Sallisaw hospital sent me back to jail," Allen said. "Anybody else would have been in a coma or dead!"
District 1 Commissioner Bruce Tabor, who chairs the Sequoyah County Criminal Justice Authority, said Thursday that the jailer who allegedly beat Allen was Josh Yates.
"He was originally put on a week's suspension without pay," Tabor said, "then we realized that the next authority meeting wasn't scheduled until next Monday."
Tabor said the authority then put Yates on suspension until the authority could discuss the incident at their next meeting.
"We'll have an executive session and discuss his future," Tabor said. "My understanding is that he (Allen) was mouthing off. But we work so hard to hire good people. We've tried our best to hire people who are even tempered. These people who are in jail are in there for a reason. Our people, they've got to bite their tongue."
Tabor said the incident was on tape, but he hasn't seen it. He said Sheriff Johnny Philpot, District 2 Commissioner Steve Carter and District 3 Commissioner Mike Huff have reviewed the tape of the incident.
Tabor said District Attorney Richard Gray should be asked if the tape can be released.
Allen's attorney was unavailable for comment Friday.
Charles "Chuck" Wade, Sequoyah Memorial Hospital administrator, said he was out of town at the time of the incident, and does not know if Allen was seen at the Sallisaw hospital or which doctor might have seen Allen there.
Allen said Rogers has begun preparations to file the lawsuit.
"Never one time did I mouth off to them," Allen concluded. "Usually I've got a bad temper, but I knew I was in jail."
Allen was arrested on June 25 by Oklahoma Highway Patrolman Dwayne Walters.
In his report Walters said Allen appeared to be drunk.
Allen said Thursday he and his friend had drunk about half a pint of liquor.
Walters reported he arrested Allen for driving under the influence, and then did an inventory of Allen's truck. He reported finding an open can of beer, a bottle of whiskey, several unused syringes, a blue pill bottle that did not have Allen's name on it and was marked as Hydrocodone, and several other items containing substances that field tested positive for methamphetamines.
On June 27 the district attorney's office filed the following charges against Allen: unlawful possession of a controlled drug; possession of a precursor material; driving under the influence of intoxicating liquor, second offense; leaving the scene of an accident where there was property damage; unlawful possession of paraphernalia; transporting beer in an open container; and transporting an open container of liquor.
Donald Gene Allen, 39, of rural Muldrow has been involved in several Sequoyah County Court cases, according to court records, including the following:
*May 12, 2000 - Case No. CF(felony)-00-000257, lewd molestation and first degree rape; both charges were dismissed after Allen pleaded guilty to contributing to the delinquency of a minor and was fined $188, which was paid.
*April 1, 2002 - Case No. TR(traffic)-02-01420, transporting open container of beer, Allen pleaded guilty and was fined $115.50, which was paid.
*Jan. 29, 2003 - Case No. CM(misdemeanor)-03-00062, driving under the influence, Allen pleaded nolo contendre, and was sentenced to one year deferred and a $913 fine, which was paid.
*June 22, 2004 - Case No. CM-04-00487, aggravated driving under the influence of intoxicating liquor, Allen pleaded guilty and fined $512, which was paid.
*Sept. 8, 2004 - Case No. CM-04-000726, malicious injury to property and malicious injury to motor vehicle, case dismissed/settled, $200 in fines paid.
*April 25, 2006 - Case No. CF-06-000261, possession of controlled substance, possession of firearm in commission of felony, driving while impaired, case ongoing with lab report review slated for Aug. 2.
*June 27, 2006 - Case No. CF-06-00383, unlawful possession of controlled drug, possession of precursor material, driving under the influence of intoxicating liquor, second offense, leaving the scene of an accident with property damage, unlawful possession of drug paraphernalia, transporting open container of beer, transporting open container of liquor, current case which is ongoing.
