Abuse Cases Bring Different Charges

By Richard Clark and Terry Hood, The News On 6

PRYOR, OK -- There are questions about two different criminal prosecutions in the same county.  The cases involve similar allegations of abuse, but one defendant faces felony charges, while the other faces only a misdemeanor.  People close to the cases say one defendant is getting special treatment.

"Yeah, I do kind of feel like I'm being made an example of," said Tania Wilson.

Tania Wilson is defendant number one.  She admits to spanking two of her children with a broom handle in July.  She admits she shouldn't have done that.

Mayes County prosecutors charged her with two felony counts of child abuse.

Rickey Swafford is defendant number two.  He's accused of spanking his two-year-old step-grandson with a wooden paddle back in June.  Court records say the boy went to the ER the next day.

Mayes County prosecutors charged Swafford with one misdemeanor count of domestic abuse.

Why does Wilson face two felonies, while Swafford faced only a misdemeanor?

"I don't think there's any way to explain that," said Tania Wilson.

Tania Wilson says it's unfair, whatever the reason.  But, she thinks she knows why.

"I think it goes to show that money can buy your way out of things," said Tania Wilson.

Wilson says before this case, her only involvement with DHS was to receive food stamps.  She spent eight days in jail because she couldn't make her $50,000 bond.  She was released after an attorney hired by her mother got it lowered to $10,000.

Rickey Swafford made his first court appearance in a judge's chambers.  Since he faced only a misdemeanor, he posted a $1,000 bond and was released that day.  Swafford didn't want to talk to The News On 6 on camera when he went to court last week to accept a plea deal.  He owns a successful carpet store in Pryor.  Sources close to the case tell The News On 6 that's why he's getting off easy.

"I would just say that the factors are based on the evidence, I mean, our decision is based on the evidence in the case," said Mayes County District Attorney Gene Haynes.

The district attorney for Mayes County says there was no favoritism involved.  In fact, Gene Haynes says after reviewing the case he wanted to file a felony against Swafford.  He says he couldn't because an assistant prosecutor had already offered a plea deal in writing.

"She has more experience with trying cases to Mayes County jurors, and you know, and I think she was concerned that they might have a problem convicting this man who never has been in trouble before," said Mayes County District Attorney Gene Haynes.

Haynes says the cases illustrate that the toughest part of a prosecutor's job is not in the courtroom, but in the office before trial ever begins.

"I've always said that the most important and, decision we make, and the one which has the greatest consequences is that original decision on whether we file charges and what charge we file," said Mayes County District Attorney Gene Haynes.

Tania Wilson says the prosecutors made the wrong decision in her case.  She says she made a mistake, but doesn't deserve a felony charge.

"I spanked their butts; I didn't beat 'em all up and down their back.  I didn't smack 'em upside the head or anything like that that is usually considered abuse," said Tania Wilson.

Haynes says his office will offer a plea deal to Tania Wilson, which probably will include some jail time but may allow her to avoid felony conviction.

As for Swafford, he pleaded no contest to the misdemeanor charge.  A judge sentenced him to 6 months in jail and a year's worth of domestic violence counseling.  He reported to jail on Wednesday afternoon.