JAY, Okla. - Charges have been filed against two former Delaware County jail detention officers and roommates for incidents that allegedly occurred at the jail.
District Attorney Kenny Wright filed the charges against Charles Hayes and Shelly Mayberry Thursday. Hayes, 37, is charged with seven counts of assault and battery with a dangerous weapon, while Mayberry, 45, is charged with two counts of assault and battery with a dangerous weapon.
The charges were brought after inmate Robert Scott, 32, reported that Hayes had "drive stunned" he and his cellmate, James Dilley, 24. The incidents were reported to command staff by Detention Sergeant Kyle Helmancy. Reportedly, Hayes had tased several inmates in the male section of the jail, exchanging e-cigarettes for tasing. An investigation was launched by Lieutenant Murry Gross, jail administrator.
The taser used by the Delaware County Sheriff's Department is a conductive energy weapon capable of producing 50,000 volts of electricity. A "drive stun" is a pain compliance tool.
Inmate Garl Williams, 41, allegedly reported that, on Dec. 13, Hayes tased his hand, causing him pain for three days. Williams also reported that Hayes made remarks about taking him to "dry storage" and getting butter for sexual purposes.
Security footage from Dec. 19 allegedly shows Hayes opening the door to Scott and Dilley's cell and drawing his taser and proceeding to get in “danger close proximity” to the inmates with no justification or provocation for having the weapon drawn or applying the use of force. The taser appeared to be lightly held and could have been knocked away.
The report says that both the light and the laser from the taser are visible as Hayes interacts with the two inmates in the doorway of the cell. Scott and Dilley both raise their arms as if waiting for a "drive stun" from the taser. Both inmates react as if being shocked when the taser is moved towards them.
An hour and a half later, the footage shows Hayes in the trustees’ hallway heading towards the trustee cells. The footage does not show the interior of the cells, but Hayes is seen moving inmates from the kitchen hallway to the trustees’ cells.
Inmate Randy Wiggins, 40, was allegedly tased by Hayes shortly after the previous incident reported above, stating that Hayes turned to him saying, "I should tase you, just cause of who you are." Wiggins replied, "I don't give a s**t," put his arm out, and Hayes allegedly proceeded to tase him.
A jail incident report filed on Dec. 20 reported that Mayberry, who was stationed in the male pod control room, allegedly asked the filing officer to "watch" the security cameras as Hayes confronted inmate Nickalas Berry, 38, and after a short conversation, Berry reportedly pulled up his pant leg and Hayes placed the taser on Berry's upper thigh. Berry then reacted and jumped back.
The filing officer then asked Hayes if the "drive stun" was justified and told Hayes to fill out a “use of force report.” Hayes said he was justified, but never filled out a report.
On Dec. 20, Hayes reportedly pulled inmate Thomas Owen, 21, into the kitchen into a camera blind spot. Hayes is then quoted as saying, "Let me tase you." Inmate John Banks allegedly witnessed this exchange and Hayes also asked Banks to allow himself to be tased.
Minutes later, Hayes reportedly entered Owen and Banks' cell and said "Let me tase you." Banks refused and a female voice, later identified as Mayberry, said, "Don't be a p***y, I took the ride." Hayes then allegedly called Owen a "b***h" and tased him and then tased Banks.
Banks expressed concern at filing a report, as he did not want to lose his trustee status or be treated differently. An officer took pictures of the taser burn marks on Banks' leg.
Judge Alicia Littlefield found probable cause, has issued warrants for arrest, and set the bond at $10,000 per count, making Hayes’ bond $70,000 and Mayberry's $20,000.