ALTUS – An Altus woman who is medically compromised, and whose relatives are infected with the COVID-19 coronavirus, has been charged with violating a state executive order when she provided homemade virus masks to workers at a local Braum’s store.
Janet Marie Herrera, 69, faces one count of violating Gov. Kevin’s Stitt’s executive order that requires anyone who has “a serious underlying medical condition” to shelter in place, to avoid spreading the virus.
Ms. Herrera appeared before a Jackson County district judge last Friday and was released on her own recognizance, because Altus and Jackson County officials did not want to risk contaminating other county jail prisoners or jail staff.
Ms. Herrera was ordered to reappear in district court on June 4, a probable cause affidavit shows.
Jackson County District Attorney David Thomas said it is likely Herrera will be arraigned later this week. He said police and his office are continuing their investigation and are trying to determine if others were involved the incident.
Stitt’s executive order issued March 29 contains a section which mandates that “adults over the age of 65 and people of any age who have a serious underlying medical condition, collectively referred to as ‘vulnerable individuals’, shall stay in their home or place of residence except for working in a critical infrastructure sector … and the conduct of essential errands.”
Altus police officer Tony Lee, in his probable cause affidavit, informed the court that on March 31 Marie Herrera, “by her own admission … posted on Facebook and made public that she was asthmatic, has COPD, and is diabetic.”
In addition, allegedly Ms. Herrera lives in Altus with her sister and brother-in-law, both of whom “were quarantined and tested positive for COVID-19,” Officer Lee wrote in his affidavit.
Nevertheless, Ms. Herrera allegedly was selling homemade face masks to employees at a Braum’s ice cream store at 2505 N. Main Street in Altus.
Thomas said he and his investigators believe Herrera “knew what she was doing” by selling the masks, which were made by someone else and may have been contaminated with the virus. “She used a false name (while selling the masks), and we’re pretty sure this was her intent,” he said.
Officer Lee wrote that on the evening of April 6 – apparently after The Altus Police Department apparently was alerted by someone who saw Ms. Herrera’s advertisement on a “buy sell trade” page on the internet.
Consequently, on the evening of April 6, Officer Lee went to a residence at 1329 N. Lee Street in Altus, where Ms. Herrera lives with her sister and brother-in-law, the affidavit indicates.
Ms. Herrera “walked up to the porch, “sat on the porch” and told Lee “she chose this location to sell the masks because it was easy to access from N. Main Street.”
Ms. Herrera’s sister “was standing within approximately 5 feet inside a storm door with only a window screen” between her and Ms. Herrera, Lee wrote. The sister and brother-in-law “did not have a mask, eye protection or gloves on during this contact,” the police officer reported.
“We were alerted by Altus police that an individual who sold protective face masks to a few members of our crew” at the Altus store “had been exposed to COVID-19 and was supposed to be under quarantine,” Braum’s wrote in a corporate statement posted on Facebook April 8.
“As a precautionary measure, we closed the store immediately … and sent the employees home.” The workers who acquired the masks “are being placed on leave and the police are working to take possession of most of the masks that this individual sold to our employees and others in the community.”
A spokesperson at the Braum’s headquarters in Oklahoma City said Monday the Altus store was cleaned by “a sanitizing crew – they went over the whole store,” and it reopened last Friday.