Judge Rules Against Man Who Shot An OHP Trooper In September

Tuesday, December 14th 1999, 12:00 am

By: News On 6

A man accused of killing Oklahoma Highway Patrol Trooper David "Rocky" Eales has lost his initial attempt to have District Attorney Dianne Barker Harrold disqualified from handling the case.

Attorney John Echols, representing Kenneth Barrett, had argued that Ms. Barker Harrold is a material witness to the case and sought to have her and her assistants replaced by independent prosecutors. Eales died September 24th when Barrett allegedly shot at troopers during an early morning drug raid at his home in Sequoyah County. Trooper John "Buddy" Hamilton was wounded. He has since returned to work full-time.

Special District Judge Dennis Sprouse ruled Monday that the prosecutor was "not a primary witness who saw or heard in real time the events of that evening." The judge also said she was not a secondary witness who investigated the scene or interviewed witnesses.

Barrett is charged with first-degree murder and three counts of shooting with intent to kill for shots fired at Hamilton and two other troopers.