Tulsa District Attorney will contest Ellit ruling

Friday, July 9th 2004, 8:33 am
By: News On 6

Tulsa County prosecutors have filed formal notice that they will appeal a judge's ruling that football standout Prentiss Elliot won't face a felony charge of assault and battery on a police officer.

According to a court document, District Judge Tom Gillert erred in ruling that uniformed police officer Josh Martin wasn't acting in the performance of his duties when he was physically assaulted by the defendant at a high school basketball game last year.

When he made his June 28th ruling, Gillert left the door open for prosecutors to file a misdemeanor assault case.

Prosecutors haven't yet filed any misdemeanor assault charge, but they elected to ask the state Court of Criminal Appeals to reverse Gillert's decision.