Broken Arrow Crime Victim Arrested After Reportedly Beating Thief

Wednesday, June 10th 2015, 7:32 pm
By: News On 6

A man is in a hospital and another is in jail after a Wagoner County burglary.

The man in jail says he's the victim and was just trying to recover items that were stolen from his handicapped daughter.

The man came to meet with police at the QuikTrip at 193rd and Admiral to share his side of the story.

But family says he was immediately arrested before he could tell them what happened.

“Our only option was go do it ourselves or let them keep it, that was the only two options we had,” she said. “We had no assistance from the law enforcement. None.”

Now her son Brian Massingale is in jail on charges of burglary and assault with a deadly weapon.

According to police, Brian and two other men went to recover a stolen iPad by forcing their way into a home and assaulting the man who lives there with a baseball bat they found inside.

Mary says the charges are ridiculous and that he was just trying to get their family's things back, and in the process defended himself.

One of those items was a special iPad for her granddaughter Shelby who has Cerebral Palsy and needs it every day for special programs that are installed for her therapy and communication skills.

Mary says earlier in the week she came home to find the back door kicked in and the iPads, jewelry and guns were missing.

She called police and they took a report.

Later that day, the Massingales were able to track one iPad's location but they say police wouldn't go.

“They refused to go,” she said. “They said, It's not our jurisdiction. Tulsa has to do it. Tulsa said, well we can't do anything unless Broken Arrow tells us to, well Broken Arrow then said, well, we're not going to tell them."

So she says Brian decided to take action, something police say wasn't a good idea.

"So now, instead of allowing us time to try and recover material belongings, now a family member could even end up going to prison just because of some material things that were taken,” BA Police Cp. Leon Calhoun said. “Frustrating, I understand, but now you put yourself or family put themselves in a very serious situation where they may be locked up for a long time."

Calhoun says police can't just go get stolen items from a home unless they have a warrant, and that takes time.

Meanwhile, Mary says she scared and upset, and she doesn't know how things got so turned around.

"I just can't believe it,” she says. “I was the victim and now we are the bad guys. [My son] is the victim."

Police say if you decide to go get stolen items back without waiting for a warrant, call them and ask for an officer to come with you to keep the peace.