A Lincoln County judge has dismissed two felony charges against a man accused of firing at a sheriff's deputy outside his home last December, ruling that the deputy escalated the confrontation by threatening to kill him before either side fired a shot. Bobby Raymond had been charged with shooting with intent to kill and feloniously pointing a firearm, but the judge's order found the deputy acted as the aggressor during the encounter, and that Raymond's decision to retrieve his gun was legally justified.
According to KFOR, the confrontation began as a dispute between a landlord and tenant. Tenants on Raymond's property had reported that he was trying to evict them without following proper legal procedures, and separately, tenants told authorities that Raymond had been looking through their window. State witnesses testified at the preliminary hearing that two young females reported Raymond was peeping through their windows, which led a deputy to confront him and warn that he could face a peeping tom charge and sex-offender registration.
Raymond then exited his home with a pistol. Per the station's report, the deputy told Raymond, “I'm going to put a bullet in you,” and took cover behind a tree near Raymond's front door without ordering him to drop the weapon or giving him any other commands. Raymond fired a shot toward the deputy that struck the tree being used for cover, and the deputy returned fire, shooting twice after Raymond allegedly pointed the pistol at him. Raymond was shot and later transported to a hospital, while he remained inside his home following the exchange.
Judge Finds Deputy Escalated the Standoff
The judge's order concluded that the deputy's actions played a large role in the dismissal, finding that the deputy escalated the situation and served as the aggressor rather than Raymond. That finding lines up with Oklahoma's Stand Your Ground statute, 21 O.S. § 1289.25, which holds that property occupants not engaged in unlawful activity have no duty to retreat and may use defensive force, including deadly force, if they reasonably believe it is necessary to prevent death, great bodily harm, or a forcible felony. The judge determined Raymond's retrieval of his firearm met that standard.
Raymond's attorney, Dan Pond, argued at the hearing that prosecutors had not met their burden. Pond said there wasn't sufficient evidence to prove probable cause that a crime was committed, according to the same account. Under Title 22 O.S. 258(8), the purpose of a preliminary hearing is only to establish probable cause, not to prove guilt beyond a reasonable doubt, and the state is not required to present evidence sufficient to convict at that stage — though the evidence must still be viewed in the light most favorable to the state under Title 22 O.S. 1089.5.
District Attorney Files Same-Day Appeal
District Attorney Adam Panter disagreed with the ruling and filed a notice of intent to appeal the same day the judge's order came down. His office claims the judge held the state to a higher burden of proof than a preliminary hearing requires and improperly considered Raymond's self-defense claim, arguing that self-defense is a question for the jury, not a magistrate. Panter predicted the ruling will be reversed.
The appeal, known as a Rule 6 appeal, goes to the presiding judge of the judicial administrative district, who must decide within 20 days of filing whether the original dismissal — a demurrer — was correctly decided. Under Oklahoma Court of Criminal Appeals Rule 6.1, prosecutors must file that notice within five days of an adverse preliminary hearing ruling to preserve the state's right to appeal, and Panter's same-day filing met that jurisdictional deadline. The assigned judge will issue written findings either affirming the dismissal or reversing it to reinstate the felony charges for trial.
Misdemeanor Charges Remain, Political Backdrop Looms
While the felony counts of shooting with intent to kill and feloniously pointing a firearm have been dismissed for now, Raymond still faces two misdemeanor charges, including peeping tom, along with a separate charge of knowingly receiving or concealing stolen property. Shooting with intent to kill under 21 O.S. § 652 carries a maximum penalty of life imprisonment and is classified as an 85 percent crime in Oklahoma, meaning a defendant would have to serve the bulk of any sentence before becoming eligible for parole. Feloniously pointing a firearm under 21 O.S. § 1289.16 carries a penalty of one to 10 years in prison regardless of whether the weapon was fired.
Panter is pursuing the appeal even as his own tenure as district attorney is winding down. He was appointed by Governor Kevin Stitt in October 2022 to lead Oklahoma's 23rd Judicial District, covering Lincoln and Pottawatomie counties, after former DA Allan Grubb resigned, but Panter lost his June Republican primary re-election bid to challenger Daniel McClure. The Lincoln County Sheriff's Office, led by Sheriff Kevin Garrett, is the agency whose deputy was involved in the December encounter.
The case adds to a run of scrutiny on Lincoln County's court system in recent years. In February 2024, former Lincoln County District Judge Traci Soderstrom resigned after a state judicial disciplinary investigation found security video showing her sending more than 500 text messages during a Chandler murder trial — a controversy Panter publicly criticized at the time. For now, the outcome of Raymond's case rests with whoever the presiding judge assigns to review whether the magistrate got it right, with the felony charges hanging in the balance until that ruling comes down.
.jpg){kind=link}