LAWTON – Five criminal charges were filed in Comanche County District Court against District 1 County Commissioner John Donavon O’Brien – and an investigator swore in an affidavit that O’Brien admitted he committed at least two crimes.
O’Brien, 55, of Elgin, is named in two felony embezzlement charges and three misdemeanor offenses.
One embezzlement count accuses O’Brien of using county-provided cell phone service to make unauthorized personal calls “and/ or sending text messages personal in nature” between January 2023, when he succeeded Gail Turner as the Eastern District county commissioner, and June 2023.
The other embezzlement charges alleges O’Brien used a county-provided pickup truck to drive to his doctors’ appointments in Oklahoma City “and/or by hauling equipment for personal use,” and by using a county-provided PikePass during the trips to Oklahoma City.
A misdemeanor charge of computer crime accuses O’Brien of using a computer to “annoy and/or harass” a female former District 1 employee “by sending explicit text messages” to the woman between January and June 2023.
O’Brien also is named in two misdemeanor counts of outraging public decency by firing District 1 employees Mallory Geiger and road foreman Kenny Curry, 63, who had worked for District 1 for 24 years when O’Brien let him go on July 31, 2023.
Oklahoma State Bureau of Investigation agent Alfredo
Turn to COMANCHE, p3 Solis swore in an affidavit for an arrest warrant that he interviewed O’Brien and the commissioner:
• “stated he used his county-issued cellphone to send sexual text messages to a female employee who worked in his office.” Screenshots from the woman’s telephone showed some of those text messages, including one that was sexually explicit.
• admitted he used his county-issued pickup equipped with a Pike-Pass to drive to Oklahoma City “for multiple doctor appointments and to transport rented equipment to his residence for personal use.”
O’Brien wrote a personal check for $1,093.07 to Comanche County on July 13, 2023, Solis related. A memo submitted with the check “showed the money was for trips taken to Oklahoma City and other locations where O’Brien used his county vehicle” for personal reasons and during business hours, the investigator wrote.
Solis also wrote that O’Brien fired three employees who worked at the District 1 barn. “All three employees had previously interviewed with Solis about O’Brien misusing county equipment,” and all three said O’Brien was aware that they had spoken to OSBI agents.
O’Brien said all three employees were fired because “they were not a good fit for the office,” Solis wrote in his affidavit.
The maximum punishment for each embezzlement charge is one to ten years in prison and a fine equal to triple the amount of money allegedly embezzled, plus restitution.
Conviction on each of the misdemeanor charges is punishable by a fine of up to $500 or incarceration in the Comanche County jail for up to one year.
The charges were filed March 13 by Special Prosecutor Jason Hicks, district attorney for District 6. District 5 D.A. Kyle Cabelka recused himself from the case because he is the legal adviser for Comanche County officers. The office of Attorney General Gentner Drummond lateraled the matter to Hicks, the chief prosecutor for Stephens, Grady, Jefferson and Caddo counties.
Assistant District Attorney Charles Sifers from Duncan urged the court to set bond for O’Brien at $5,000.
Lawton attorney John Zelbst responded that O’Brien has exhibited a “lifelong dedication to the citizens of this county” and is a U.S. Army veteran. The purpose of setting a bond is “to ensure attendance at court hearings,” he said, and earlier said, “We look forward to hearing our story and getting this behind us.” Zelbst urged the court to release O’Brien on his own recognizance.
Special District Judge Christine Galbraith split the difference, setting bail at $2,500 cash, property or surety. She scheduled a preliminary hearing in the case for 3:30 p.m. June 4.