By Lee Williams
Oklahoma’s Pushmataha County Sheriff’s Office has opened an investigation into the ATF for their recent SWAT raid of one of their county’s most respected residents, Russell Fincher, PCSO Undersheriff Dustin Bray said Tuesday.
No one at the ATF warned the Sheriff’s Office in advance that highly armed federal agents would be conducting the SWAT raid, the Undersheriff said.
We weren’t apprised of anything,” Bray said. “We are a Second Amendment County and we are going to protect our citizens here. We are not going to enforce any gun law or rule that violates the constitution.”
Bray did not yet know whether the investigation would yield criminal charges against ATF agents, adding, “That’s a good one for the Attorney General. The thing I’m looking at are more constitutional issues than criminal, such as civil rights violations.”
Bray said his agency began a “deep dive” into ATF’s conduct, but this investigation was put on hold because of an unrelated double-homicide in the county followed by two officer-involved shootings. The PCSO has around a dozen deputies who are responsible for patrolling a county of more than 1,400 square miles.
Undersheriff Bray, a 21-year law enforcement veteran who has been at PCSO since 2018, was most concerned about ATF’s apparent disregard for standard deconfliction protocols, which are commonplace among state, county and local law enforcement agencies.
The Commission on Accreditation for Law Enforcement Agencies defines confliction as “the process of determining when law enforcement personnel are conducting an event in close proximity to one another at the same time. Events include law enforcement actions such as raids, undercover operations, surveillance, or executing search warrants.”
In other words, deconfliction prevents two groups of cops from showing up at the same location at the same time and pointing guns at each other.
“They (ATF) didn’t do any deconfliction with Pushmataha County,” Bray said. “We had no idea they were coming. We didn’t hear anything about it until weeks had passed. Nothing ever got reported to us. I’m not a fan of that. The Sheriff is the chief law enforcement officer of the county.”
ATF Special Agent Theodore Mongell, who led the SWAT raid at Fincher’s home, was unwilling to talk about deconfliction or the Sheriff’s Office’s ongoing investigation.
“Sir, per the last conversation we had, I can’t give any comment at this time,” Mongell said Wednesday. “This is a confidential investigation – a criminal investigation. I will forward your information to my supervisors for comment.”
No one from ATF’s Oklahoma City Field office or ATF’s Tulsa Satellite Office returned the call.
Background
A story published Tuesday revealed that Oklahoma state Rep. Justin “JJ” Humphrey sent a letter to Oklahoma’s Governor, Attorney General and other law enforcement officials demanding an investigation into the ATF raid of Fincher’s home. Fincher is one of Humphrey’s constituents, a parttime gun dealer, a high school history teacher and a Baptist pastor.
According to a press release, Humphrey said he was contacted by Fincher after a dozen ATF SWAT team members bearing “automatic weapons” raided Fincher’s home, handcuffed him on his porch in front of his 13-year-old son and coerced and threatened him into relinquishing his Federal Firearm License.
“If this report is true, and I have every reason to believe it is, then it would appear the ATF’s actions constitute a gross misuse and abuse of their federal police powers,” Humphrey said in the press release.
Fincher, Humphrey wrote in the letter, “is a distinguished figure in our community, serving both as pastor and schoolteacher in the small community of Clayton, Oklahoma. He is known as a respected member of the community, and I have every reason to believe his account. If proven true, the actions of the ATF agents could be seen as a severe misuse and abuse of their federal law enforcement authority.”
Pending
Communications staff for Oklahoma Attorney General Gentner Drummond did not immediately return calls or emails seeking their comments for this story.
A GiveSendGo account has been created to help with Fincher’s legal fees.
The Second Amendment Foundation’s Investigative Journalism Project wouldn’t be possible without you. Click here to make a tax deductible donation to support pro-gun stories like this.
This story is part of the Second Amendment Foundation’s Investigative Journalism Project and is published here with their permission.
Go get ’em Sheriff! I hope you can drill right on up to the top, and get confessions from senior ATF agents that the agency has been politicized. Joe Biden’s lapdogs need to be brought under control.
Nothing will become of the investigation. Beyond bloviating and desk pounding.
Ditto: the horse or mule is already out of the barn
If a Sheriff can determine the Constitution was violated, he can issue arrest warrants for all parties involved.
ATF love raids. Why knock on someone’s door and ask, when you can raid their home/family and express your authoritay.
ATF raiding things is a historic pastime. Nothing says “get criminal scum” better than a raid on a gun collector who never hurt anyone but may have offended they state with their collection.
Tyranny is knocking on the door. Our Republic is in great danger. If the voters in this country don’t wake up soon, I fear that with the help of the mass media and the entertainment industry, we will lose this Republic to tyranny.
Copy/Pasted from an article on the Ammoland website. That just so happened to have the same story published earlier today. I’m beginning to see TTAG doing this quite often.
Since the Supreme Court has ruled numerous times that Federal Law supersedes State Law. This investigation is nothing more than optics. It will result in nothing more than desk pounding and whining. Until states throw the Alphabet government law enforcement agencies out of their states, as well as Federal courts. The attack on their citizens by politically controlled Federal agencies will continue.
You missed the last part:
“This story is part of the Second Amendment Foundation’s Investigative Journalism Project and is published here with their permission.” The same disclaimer is on the Ammoland article.
The article is authored by SAAF’s Lee Williams. — https://www.saf.org/oklahoma-sheriffs-office-investigating-atfs-swat-team-raid/
“Federal Law supersedes State Law.”
That is all well and good. Now, has the Supreme Court ruled that presidential policy and executive orders and backroom wheeling and dealing supersedes any law, federal, state, or local?
The fact is, the ATF is violating laws of their choosing, while serving their master, Satan. Errrr, I mean their master, Brandon.
It’s not Biden they are serving. He is nothing more than a Manchurian Candidate, for the backroom leadership of the Liberal/Progressive democrat party. The Evil inherent within the Democrat party runs much deeper than any political appointee or elected politician.
third term.
Right on, Darkman. If anyone still thinks that this old feeble man who occupies the White House is calling the shots, they either have a severe lack of intelligence or they’re just a plain old dumb liberal.
And the US Constitution supersedes Federal Law.
Supremacy Clause only applies to Constitutional laws.
More counties/parishes need to declare themselves as 2nd Amendment Sanctuaries.
Louisiana has only one(1) Sanctuary parish: St Mary Parish
“We are a Second Amendment County and we are going to protect our citizens here. We are not going to enforce any gun law or rule that violates the constitution.” — Undersheriff Dustin Bray
Okay Undersheriff Bray–it is time for the proverbial rubber to meet the road. Since you did not protect your citizen at the time of the ATF raid, are you going to protect your citizen after the raid?
I can only hope that Oklahoma has a state law equivalent to the federal criminal law with the title “Deprivation of rights under color of law”–and that Oklahoma’s Attorney General applies it to federal agents who deprive Oklahoma residents of their rights under color of law.
How do you protect someone from something you only found out about after the fact?
Good, something has to be done.
The exact number escapes me, but I believe Florida something north of 40 2A counties out of 67. Those that aren’t are the ones you’d expect and they’re controlled by Northern Invaders.
Gadsden according to this Florida has 41:
The majority of Florida Counties have passed second amendment sanctuary resolutions. As of September 2020, they include Baker, Bay, Bradford, Calhoun, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Escambia, Franklin, Gilchrist, Gulf, Hendry, Hernando, Highlands, Holmes, Jackson, Jefferson, Lafayette, Lake, Lee, Levy, Liberty, Madison, Marion, Nassau, Okaloosa, Okeechobee, Polk, Putnam, Santa Rosa, St. Johns, Sumter, Suwannee, Taylor, Union, Wakulla, Walton, and Washington.
Reference: https://fuscolaw.org/understanding-your-2nd-amendment-rights-to-protect-yourself-and-your-family-in-florida/
Just for fun, I compared your data with my personal data which includes Bradenton, Charlotte, Flagler, Indian River and Panama City resulting in a total of 44. I also have five cities or towns not on your list but did not take the time to identify all from my list and compare them to all of yours.
What seemed a simple task became a daunting chore. Many of us have struggled with verifying the numbers of sanctuary states, counties, parishes, independent cities, other cities that do the job without sheriffs and on and on. Descriptions often are baffling. Parishes are counted as counties.
For example, Wikipedia says Alaska has no counties but traditional sheriff’s duties are performed by State Troopers. The Census bureau says Alaska has 29 county equivalents including Boroughs, cities and municipalities.
My numbers are close but square up with none others I’ve seen. It’s complicated. I excluded New Hampshire and Vermont because their constitutions made such sanctuaries redundant and unnecessary. New Hampshire has ten counties and Vermont has 14 counties.
Additionally, Rhode Island has five counties but all county functions are provided by eight cities and thirty-one towns. On the other hand, Hawaii has five counties that serve as the only government bodies below the state.
Sigh…I stopped counting when the national total exceeded 50 percent.
Issue arrest warrants for the ATF agents along with “shoot on sight” qualifier.
I hope they nail the AFT to a cross.
This is a rural and rugged area. People have been known to disappear. Without a trace. Just saying.
“People have been known to disappear”
“investigation was put on hold because of an unrelated double-homicide in the county followed by two officer-involved shootings“
I thought the rural, red counties were supposed to be the safe ones, sounds like there’s some real wild West shoot outs going on here, not to mention extra-legal ‘disappearances’.
And I may be wrong, but the FFL holder received a copy of the search warrant detailing exactly what federal laws he’s alleged to have broken, but we haven’t seen that information…
You’re always for the bad guys you prick. Your mamma didn’t slap you enough.
“…the FFL holder received a copy of the search warrant detailing exactly what federal laws he’s alleged to have broken, but we haven’t seen that information…”
Liar69er still thinks that the innocent should be required to prove their innocence. Why can’t you get it through your thick skull? That’s not how it works here.
A hell of a lot safer than Chicago, Los Angles, San Francisco or New York City.
Until municipalities get serious about refusing federal funds the .gov will always have that cudgel to beat them in line with.
Awesome. At least they’re getting a little pushback. Screw “deconfliction” though. Dont think that should be the centerpiece
the ATF violated this mans constructional rights!?!? no way!!! not our present government!! at what point does the American people wake up to this shit!! Washington GOP members are not helping us!!! almost all of them have to go!!!
That’s why the common reference to the Democrats and most Republicans is the “Uniparty”.
We are rapidly being left with the three options to any tyranny, the same options that faced out forefathers in 1775: Fight, Flight or Submission.
“You need only reflect that one of the best ways to get yourself a reputation as a dangerous citizen these days is to go about repeating the very phrases which our founding fathers used in the struggle for independence.”-C.A. Beard
That was written decades ago and is more true now than then.
So am I to believe that an UNDERSHERRIF thinks that a Federal Agency is required to inform him of their activities . I mrather doin btbthat any agence would indulge in an ARMED raid without due cause or vthaqtvtyhey woukld inform anybodybthat vthey werfe planning such a raid.
The UNDERSHERRIF then goes on to say ‘whether or not a crime was commited by a Federal Agency is a matter for the LOCAL DA and not a matter for him’ Surely that should have been established up BEFORE the UNDERSHERRIF stated shooting hos mouth off.!! Or is there no clear cut chain of Command in operatuion or to take responsibility. //
It seems to,be that this idot supposed LAWMAN doe not think that he has any sort of case at all and is going on an ego trip.
i Ihink He knows that he can not buck a Federal Authority on a whim and the fact that he was not infomed means of course that Local Law enfiocement is probably not to be trusted After all their main task is to look after their own ARSES [not ASSES-ASSES are BLOODY DONKEYS with their eyes firmly on the next election.
It alays amazes me that so mny people on the pages seem utterly confused as to what the LAW is and what they think it bSHOULD with what the think it should be taking precedence without repercussions.
In this case I very much doubt that their was ANY UNLAWFUL activity and if there was NO UNLAWFUL activity then there is no recourse to Law.
why do Americans need to have the LAW to govern every single aspect of their lives anyway
Her in the UK we operate under wha t is know as COMMON LAW My ninterpretation is that COMKMONLAW opertaes inthe interest and with the permissin iof the Majority with due safegaurds for the minority and the Judgement of Suitability is down to the iNDEPENDENT JUDICIARY and LEGISLATION can be brought before that Independent Judiciary for Examination. .
Whilst Government is NOT tied to accept it rarely goes against a Judiciary Descision
A good example. The BREXIT referendum was in LAW only advisory a nd so narrow was the vote and some 18/20% of the electorate did NOT vote anyway that the Prime Ministwer could have ignored it or he could have ordered a SECOND referendum. BUT he had promised to abide by the DEMOCRATIC vote which in the UK means the MAJORITY vote those voting, that he would stand by the DEMOCRATIC. Vote Rather than risk a JUDICIAL REVIEW which he would probably have lost he did the HONOURABLE thing and resigned.
“So am I to believe that an UNDERSHERRIF thinks that a Federal Agency is required to inform him of their activities.”
It’s explained in the article that you apparently didn’t bother to read or didn’t understand:
“Undersheriff Bray, a 21-year law enforcement veteran who has been at PCSO since 2018, was most concerned about ATF’s apparent disregard for standard deconfliction protocols, which are commonplace among state, county and local law enforcement agencies.
“The Commission on Accreditation for Law Enforcement Agencies defines confliction as “the process of determining when law enforcement personnel are conducting an event in close proximity to one another at the same time. Events include law enforcement actions such as raids, undercover operations, surveillance, or executing search warrants.”
“In other words, deconfliction prevents two groups of cops from showing up at the same location at the same time and pointing guns at each other.”
I didn’t bother with the rest of your screed.
No doubt
Step one, learn to spell. Step two, silence subject.
Might be worth mentioning that it’s been well over 200 years since we gave a fig for how you do it in the UK.
Meanwhile your police are bashing down people’s doors and throwing them in jail for tweeting out something mean on social media.
Might want to reconsider spouting off on topics you know nothing about.
Firing these figurehead political appointees who occupy the director’s offices in the IRS, the FBI, the CIA, etc. won’t fix the problem. I was a Federal Employee for 20 years so I know how this works. When a Federal Employee is a useless piece of dung and there is no way to fire them because of all of the built-in protections, that employee is promoted up the ladder to keep them from screwing things up at their current level. These screw-ups finally reach a level where they are calling the shots. This is what’s wrong with all of these Federal Agencies. I don’t know how this can be fixed and if it can be fixed without disbanding these agencies and starting all over.
How about a new LAW that says anybody who is shown to have violated ANYBODY’s Constitutional Rights while carrying a weapon can be discharged and banned from Federal employment.
ANYBODY who would work for the ATF is a fascist, and the whole operation needs to be disbanded, disarmed, and dismissed.
Jimbo, that won’t work. The guys carrying the guns are only following orders. As I said, it’s those bureaucrats embedded in the system that are the problem. These Federal career bureaucrats who would never succeed in any business are making all these unconstitutional decisions that are taking this country down the road to government tyranny. They have power that they could never achieve in the business world and they will do anything to hold onto that power even if it means the destruction of our great country
ok. what is the name of the federal magistrate that issued the search warrant?
at what level of the atf bureaucracy was the search warrant sought after?
is it possible that a ‘pastor’ holding an FFL offended some bureaucrats idea of what pastors do?
in the pastors function as an FFL, did the pastor violate some rule of the ATF to cause such a reaction by the ATF?
what standing would the sheriff have to investigate the atfs actions?
does it violate federal law or just hurt the ATF’s feelings to state that ‘the county won’t be enforcing federal law’ as regards the US Constitution?
in what manner did the pastor present the image in the eyes of the magistrate and the atf that he was a violent person of interest to require a full breach of a atf swat team-that should be in the search warrant or at least in the magistrates records of proceedings leading to issuing the search warrant,,,
a guy would believe a lot of things in this world today, but on online printed article that did not include the above questions answers is not one of them. It was a grave error to allow our congress to pass onto agencies of the executive the authority to apply the punitive powers of laws with their regulations which were not voted on by a congress that answers to the citizens.
FJB and his entire criminal family.
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