A southeastern Oklahoma sheriff’s office says the recording of the sheriff and others allegedly discussing the murder of two journalists was illegal and felony charges are reportedly set to be filed.
A statement on the Sheriff’s Office Facebook page, the first public statement since the comments by Sheriff Kevin Clardy and others were reported by the McCurtain Gazette-News, does not address the recorded comments about the killing of journalists and the hanging of black people, but calls the situation “complex” and one “we’re sorry we have to deal with this”.
The statement calls the past 72 hours “one of the most difficult and disruptive in recent memory” and says the recording has been altered and many victims are involved.
“There is and has been an ongoing investigation into multiple, significant violation(s) of the Oklahoma Security of Communications Act… stating that it is illegal to secretly record a conversation in which you are not involved and do not have the consent of at least one of the parties involved,” the statement said.
Oklahoma State University journalism professor Joey Senat said that under Oklahoma law, the recording would be legal if it was obtained in a place where the officials being recorded had no reasonable expectation of privacy.
Bruce Willingham, longtime publisher of the McCurtain Gazette-News, said the recording was made on March 6 when he left a voice-activated recorder in the room after a district commissioner’s meeting because he suspected the group continued to conduct district business after the meeting . had ended in violation of the state’s Open Meeting Act.
Willingham said he spoke to his lawyers twice to make sure he wasn’t doing anything illegal.
The newspaper released parts of the recording in which Clardy, Sheriff’s Capt. Alicia Manning and District 2 County Commissioner Mark Jennings seem to be talking about Bruce and Chris Willingham, a newspaper reporter who is Bruce Willingham’s son. Jennings tells Clardy and Manning, “I know where two deep holes were dug if you ever need them,” and the sheriff replied, “I’ve got a backhoe.”
Jennings also reportedly says he knows “two or three hitmen” in Louisiana, adding “they’re very quiet guys.”
In the recording, Jennings also appears to complain about not being able to hang black people, saying, “They have more rights than we do.”
Prison administrator Larry Hendrix was also present for the conversation.
The Associated Press was unable to immediately verify the authenticity of the recording. None of the four have returned calls or emails from The Associated Press.
A spokesman for the FBI’s Oklahoma City office said the agency’s policy is not to confirm or deny ongoing investigations. Phil Bacharach, a spokesman for Oklahoma Attorney General Gentner Drummond, said the agency had received an audio recording and is investigating the incident, but declined to comment further.
Oklahoma Governor Kevin Stitt and State Representative Eddy Dempsey, a Republican representing the area, have called on Clardy, Manning, Jennings and Hendrix to resign.
More than 100 people gathered outside the McCurtain County Courthouse in Idabel on Monday, many of them calling on the sheriff and other county officials to resign.
The statement from the sheriff’s office said there have been “a large number of threats of violence, including death threats” against unspecified county employees, officials, their families and friends since the call was first reported.
The statement said the sheriff’s office will issue press releases until the investigation is complete “and the findings will be forwarded to appropriate authorities to pursue charges against those involved.”
