SEQUOYAH COUNTY, Okla. (KFSM) — Two Sequoyah County deputies will not be prosecuted for shooting a man who pointed a BB gun at them in January following an investigation by the Oklahoma State Bureau of Investigation.
On Tuesday, January 7, the Sequoyah County Sheriff's Office received multiple calls stating a man was walking down the road near Liberty, Oklahoma, with a handgun.
Deputies Thomas Stafford and Robert Johnson responded to the scene, where 25-year-old Matthew Swain pointed the gun at the Deputies and advanced towards them.
Swain was shot multiple times. Deputies rendered aid to Swain at the scene, and he was transported to a hospital in Fayetteville. He survived his injuries.
After further investigation, law enforcement determined that the firearm brandished by Swain was an imitation firearm, a BB gun. Observers at the scene stated the firearm did appear to be realistic.
According to Oklahoma State Bureau of Investigation (OSBI) Special Agent Robert Walden, when Deputies Thomas Stafford and Robert Johnson approached 25-year-old Matthew Swain
"Based upon the information provided in this investigation, it does appear that Deputies Johnson and Stafford were justified in using deadly force, in defense to what was apparent deadly physical force," Oklahoma District Attorney Jack Thorp said.