Judge orders Parks to trial

By TOM FINK

May 09, 2008 03:50 pm

— The testimony of veteran Claremore law officers and former friends of Tywone Parks was enough to convince Judge Joe Smith Thursday that the former Rogers State University student should go to trial on a felony charge of planning an act of violence.
Parks, 24, is also charged with outraging public decency, a misdemeanor, following alleged events which led to his February 2008 arrest by Claremore Police.
Two former friends of Parks — Paula Blalock and Christina Shipman — testified that they had noticed Parks’ behavior to be “very odd” in the days before his arrest. At one point, Blalock testified Parks told her to “live every day like it’s your last.”
Shipman testified of finding a dog’s head on her front porch, an act which she said led her to suspect Parks and contact Claremore Police with her concerns.
Both had previously filed protective orders against Parks.
Investigator Charles Goad testified that he contacted Parks at his Claremore residence, and his observation of several “disturbing” messages written on the walls of Parks’ apartment, detailing thoughts of “choking the life out of Gaft” and “cutting off Paula’s head and sticking it in the freezer.”
Goad asked Parks if ‘Gaft’ and ‘Paula’ were real persons, which he testified Parks said they were. They later identified as Paula Blalock and Brandon Gaffney, both RSU students.
Goad testified he also observed blood on the rear bumper of Parks’ car, and he later learned of text messages Parks had sent to a fraternity member, requesting the help of disposal of a body “the size of a small boy.”
Investigator John Singer’s testimony detailed items recovered from Parks’ apartment through a search warrant, including several journals written by Parks, which made mention of an “RSU Massacre” and writings expressing Parks’ desires to have “sado-masochistic relations with a 12-year-old girl.”
Singer testified that Parks admitted to having had “homicidal thoughts since age 7,” and would sometimes “act out in aberrant ways to keep them under control.”
At the time of Parks’ detainment, he was sent to Grand Lake Mental Health for evaluation, later being released and arrested on the charges he now faces.
Parks’ attorney Jack Zanerhaft made frequent mention of his motion to “quash and dismiss” charges against Parks, as well as his “motion to suppress.”
Smith said he was taking both “under advisement.”
Zanerhaft questioned each witness about Parks’ mental health at the time surrounding his arrest, arguing the semantics of “thoughts” and “acts” differentiating felonious behaviors and imagination.
“This felony charge (against Parks) is based on an Oklahoma statute that is unconstitutional on its face, as to both the U.S. and state constitutions,” Zanerhaft said. “It is void because of its vagueness, a knee-jerk reaction by legislatures to prevent another Virginia Tech, and it violates the 1st and 14th Amendments.”
In closing remarks, assistant District Attorney Jenny Sanbrano asked the charges against Parks be reworded from “plan/attempt/conspire” to commit an act of violence to “plan/scheme/or program” to commit an act of violence to conform with the evidence. Smith granted Sanbrano’s request.
Zanerhaft’s closing remarks reiterated his motions to “quash and dismiss” and his “motion to suppress,” as well as saying Parks’ mental health was such that he did not fully understand his Miranda rights.
“From the moment law enforcement came into contact with Parks, they were fully aware they were dealing with someone who had mental health issues,” Zanerhaft said. “When they first met with Parks, Lt. Goad, with three uniformed law officers, knew they were dealing with someone not in his right mind and they try and make us believe they asked Mr. Parks for his consent to enter his apartment? That’s subterfuge. Those officers manipulated the situation to get into his apartment. The evidence against Mr. Parks is wholly deficient.”
Smith denied Zanerhaft’s motion to “suppress and quash,” telling him he believed Claremore law officers know when they are dealing with someone who is mentally ill or someone who is competent, and he believed Parks to have understood his Miranda Rights as read to him.
Smith ruled there to be probable cause of a crime, and for the state to move forward with its case against Parks.
Parks’ District Court arraignment has been set for 1:30 p.m., June 2, in the Courtroom of District Judge J. Dwayne Steidley.

By TOM FINK
Staff Writer
maned@swbell.net

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