Oklahoma
Oklahoma politics launched with constitutional chaos
If you haven’t been paying attention, the Oklahoma Legislature is back in session and headed for its homestretch. Look at all the cowboy hats.
The governor, the attorney general and the “education” guy are in place and doing their respective things. Here, one may say, we are going again.
Throw in negotiations with sovereign tribal nations, and we’re guaranteed snits, spats and to-dos aplenty. Sometimes I feel sorry for my son, who covers the Capitol every week and writes some sort of newsletter, among other things.
Of course, if the Oklahoma Legislature looks like chaos — well, that’s how our state got started at the turn of the last century.
A microcosm of our initial population?
First, when America furthered its frontier West into more and more Indigenous territory, the area had land runs. Chaos on the hoof. Then, the white folks started calling for statehood. Eleven years passed before there were enough people living here for the place to qualify.
Republicans were in control in Washington, and their feet dragged on the question of statehood because they feared Oklahoma would be a Democratic stronghold, and they wanted time to build Republican power here, via political appointments and whatnot.
So, we were tools before we were tools.
Anyhow, along came the Oklahoma Enabling Act of June 16, 1906, which wrote the recipe to be followed in the creation of a new state.
The so-called Twin Territories — Oklahoma and Indian — were to be joined, and each would send 55 delegates (plus two from the Osage Nation) to a constitutional convention in Guthrie, a Republican outpost that was, according to the Enabling Act, to be the state’s capital until at least 1913.
The convention first met on Nov. 20, 1906. Of the 112 delegates, 100 were Democrats, and that was it for Republicans until the first coming of Henry Bellmon.
About the delegates, we know this: Their average age was 43. Among them stood 47 farmers, 27 lawyers, 12 businessmen, six preachers, three teachers, two physicians and one student. Besides them, the wag would say, 14 other people with no visible means of support also attended.
Was that a microcosm of our initial population? Hard to say. I am told even fewer lawyers and physicians serve in the Legislature now, but the teacher and preacher numbers have climbed.
A populist fear of centralized power
The president of the 1906 constitutional convention was none other than that soon-to-be nationally known bigot, crackpot and whatnot named William H. “Alfalfa Bill” Murray.
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History is clear: Alfalfa Bill Murray was a terrible bigot by William W. Savage Jr.
He began the proceedings by having the delegates join together in singing Nearer, My God to Thee, the hymn that would be played six years later on the deck of the sinking Titanic.
Perhaps Murray had a premonition, and not about a big boat.
The convention produced a 45,000-word constitution that President Theodore Roosevelt hated because Democrats had written it, but no legal reason existed for rejecting it because the document followed the stipulations of the Enabling Act to the letter. (I forbear particulars, except to note that in Oklahoma you cannot have more than one spouse at a time. Having them serially is another matter, but the Legislature works on that, from time to time.)
The Oklahoma Constitution was praised for its populist and progressive content, with many provisions limiting centralized control and empowering the Legislature as the institution most responsive to the will of the people.
Scholars wrote about it, but nit-pickers were not silent, complaining that the document was too detailed. Good grief, the thing even specified the flash point of kerosene, a provision designed to prevent corporate greed error that could result in towns burning to the ground if it were cut with cheaper fuels. Such atrocity had happened elsewhere.
A constitutional convention redo? Be careful what you wish for
From time to time, the electorate is invited to help remove outdated parts of the Oklahoma Constitution.
I recall the election in which the section requiring state payments to widows of Civil War veterans was excised. Someone had noticed that, on account of the passage of time, there were no such widows left.
Over the decades, voters have been asked to decide several questions related to the Oklahoma Constitution, which has been amended more than 200 times. In recent years, we have voted on liquor laws (twice), marijuana laws (twice, to different results), the separation of church and state, expanding Medicaid coverage, modifying school funding options, and whether to elect the governor and lieutenant governor jointly.
The results have hardly painted a straight ideological line.
I learned recently that Cherokee Nation citizens will be asked this June whether to call their own convention for revision of the tribe’s constitution. Various Oklahoma political factions sometimes float the idea of a new state constitutional convention as well.
If the state were to have a new constitutional convention, every moron in America with something to suggest would show up and try to participate, just as Carry Nation lobbied the original convention to prohibit consumption of alcohol. Ultimately, Gov. Charles Haskell successfully pushed the proposal as a separate article to be approved months later, and prohibition continued in Oklahoma for a quarter of a century after the rest of the country had reversed course.
By that measure, our path to Medicaid expansion felt relatively quick. Nonetheless, calling a new constitutional convention in Oklahoma would revive the recipe for chaos, to be sure. These days, 45,000 words would hardly do it.
In the meantime, perhaps the best we can hope for is legislators whose mothers taught them it’s impolite to wear your cowboy hat in the House — or the Senate.
Oklahoma
Oklahoma State Live Score for NCAA Baseball Regional Opener vs. USC Upstate
The Oklahoma State Cowboys and the USC Upstate Spartans meet in the first game of the Tuscaloosa Regional on Friday.
The Cowboys (37-20) and the Spartans (33-28) have never met on the diamond. Both enter the game on hot streaks. Oklahoma State didn’t win the Big 12 Tournament, but the Cowboys have won 11 of their last 14 games. The Spartans won the Big South Conference Tournament champions and have won 14 of their last 16 games.
The game is the first of two in Tuscaloosa. The second game features the host school, Alabama, facing Alabama State. The winners of the first two games will meet Saturday for a trip to the regional final on Sunday.
Oklahoma State fans can keep up with the game here, including lineups and inning by inning details on the game. Check out Oklahoma State On SI’s NCAA Tournament Central for everything related to the Tuscaloosa Regional.
Game Details
Oklahoma State vs. USC Upstate
Time: 1 p.m. central
TV: ESPN+ (Derek Jones & Jared Mitchell on the call). NOTE: TV is subject to change without notice. Game times and TV for games played after Friday will be announced.
Radio: Cowboy Radio Network & The Varsity Network App/93.7 KSPI-FM or okla.state/GetVarsity (Rex Holt on the call)
OSU Batting Order
The batting order for Friday’s game will be posted here when it is released by the team.
Tuscaloosa Regional
Location: Tuscaloosa, Ala. Venue: Sewell-Thomas Stadium (5,867).
Friday’s Games
Game 1: USC Upstate vs. Oklahoma State, 1 p.m., ESPN+
Game 2: Alabama State vs. Alabama, 6 p.m., ESPN+
Saturday’s Games
Game 3: Game 1 loser vs. Game 2 loser, TBA (elimination game)
Game 4: Game 1 winner vs. Game 2 winner, TBA (advances to Sunday’s final)
Sunday’s Games
Game 5: Winner Game 3 vs. Loser Game 4 (elimination game)
Game 6: Winner Game 4 vs. Winner Game 5
Monday’s Game
Game 7: Winner Game 6 vs. Loser Game 6 (if necessary)
(Times subject to change for TV purposes)
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Oklahoma
Oklahoma barbecue restaurant owner Brent Swadley found guilty in fraud trial
Brent Swadley, owner of Swadley’s Bar-B-Q, found guilty in fraud trial
A jury convicted Brent Swadley of fraud for inflating invoices involving Oklahoma state park restaurants.
A jury convicted Brent Swadley, owner of a string of popular Oklahoma barbecue restaurants, at his fraud trial and chose prison time as his punishment.
The 12 jurors reached their unanimous verdict Thursday, May 28, in a felony case that focused on Swadley’s inflated bills for the renovation and operation of restaurants at six state parks.
Jurors found Swadley, 55, guilty of one count of conspiracy to defraud the state and all five counts of presenting fraudulent claims to the state.
They chose five years in prison and a $25,000 fine as his punishment for the conspiracy. They agreed on one year in prison and a $10,000 fine as punishment on each fraudulent claims count.
Oklahoma County District Judge Susan Stallings could order Swadley to serve the time back to back for a total of 10 years.
Jurors voted for the maximum fines but showed leniency on prison time. Jurors could have chosen prison sentences totaling 20 years.
Sheriff’s deputies led Swadley from the courtroom in handcuffs to be taken to jail. Formal sentencing was set for July 16.
His defense attorney, David Smith, said, “We are not done fighting.”
Still to be decided by the judge is restitution. Prosecutors said Swadley defrauded the state of at least $3.1 million.
The owner of Swadley’s Bar-B-Q did not testify at his trial but has been outspoken in the past that he is innocent.
“The state attorney general … is pushing a false, politically motivated narrative accusing us of purposely misleading the government. Nothing could be further from the truth,” he wrote in an open letter to Oklahomans in 2024 after he was indicted.
Jurors took only 90 minutes to reach their verdict. “It was pretty easy,” one juror told prosecutors afterward.
Attorney General Gentner Drummond, who is running for governor, told reporters outside the courtroom that the case was never political.
“Mr. Swadley broke the law. His arrogance has been illustrated for the last four years, and I’m very happy that justice has been done,” Drummond said.
Swadley trial ends in guilty verdict, AG Drummond ‘proud’ of prosecution
A jury unanimously found Brent Swadley guilty of defrauding the state, sentencing him to five years in prison and $25,000 fine.
“I think we in state government have a tendency to trust Oklahomans,” he added. “I think it’s a lesson for state actors. We need to not trust as we have before.”
In a news release, the attorney general said, “Today is a win for Oklahoma and for the rule of law.”
Swadley signed a contract with the state in March 2020 to remodel and operate state park restaurants. The agreement was finalized weeks before COVID-19 shutdowns began across the world.
Swadley went ahead with the remodeling, completing work at four of the parks in months. His restaurants became a huge hit as Oklahomans spent more time outdoors because of the pandemic.
Jurors heard testimony that many of the invoices sent to the state for reimbursement of construction and other costs were marked up. Some were inflated as much as 300%.Swadley operated the state park restaurants under the company name Swadley’s Foggy Bottom Kitchen. The last one opened in 2022.
The Oklahoma Tourism and Recreation Department in April 2022 canceled its contract with Swadley’s Foggy Bottom Kitchen due to “suspected fraudulent activity and questionable business practices.”Much of the testimony centered around meat smokers sold to the state in 2021. The cancelation of the contracts came after tourism officials learned the smokers were used.
Swadley put the smokers in at Robbers Cave State Park and Quartz Mountain State Park. They had been in storage after he removed them from a Swadley’s Bar-B-Q in Ardmore.
He paid $23,680 each for the smokers in 2018, according to evidence in the case. He billed the state $51,346 each for the smokers in 2021.
A restaurant supplier testified at trial that he faked paperwork that Swadley used to support the bill to the state. “He told me to make them as expensive as I could,” Mike McWhorter told jurors.
Swadley’s defense attorneys maintained at trial that it was an understood standard business practice to inflate invoices.
“Their case is − and this is no joke − Brent Swadley was supposed to do all of this construction work and not make a dime,” Smith told jurors in his closing argument.
The attorney said Swadley became the fall guy for a mess created by Jerry Winchester, the executive director of the Tourism Department at the time, and Gino DeMarco, the deputy director.
Smith argued that Winchester knew the smokers were used and lied at trial. Winchester told jurors he thought the state was buying brand new smokers.
The defense attorney also told jurors, “What we’ve got here is a paperwork dispute, not fraud.”
Prosecutors told jurors Brent Swadley was greedy and had said the state contract might save his business during the pandemic.
“Brent Swadley believes the rules do not apply to him,” Assistant Attorney General McKenzie McMahan said in his closing argument.
The key witnesses against Swadley were former employees.
His former vice president, Curtis Breuklander, and former chief operating officer, Tim Hooper, testified invoices were marked up at Swadley’s direction.
Breuklander, 51, pleaded guilty to the conspiracy count and four of the fraudulent claim counts. “I did all of this at the direction of Brent Swadley,” he said in his plea paperwork.
Under a deal with prosecutors, Breuklander was sentenced to probation for 10 years. He stopped working for Swadley in September 2021.
Hooper, 57, also pleaded guilty to the conspiracy count. He pleaded guilty to one fraudulent claim count and no contest to another fraudulent claim count.
Under his deal, Hooper was put on probation for five years. He was fired by Swadley in 2023.
Under the state contract, Swadley’s Foggy Bottom Kitchen was reimbursed for the costs of improvements to the restaurants, up to a limit. The state also covered the company’s operating losses, at first up to $1 million a year and later up to $2,116,900 a year.
The state further paid the company management fees, at first $571,808 per year and later $1,332,000 per year.
Swadley is expected to appeal. His defense attorneys are expected to complain about the judge’s refusal to let two expert witnesses testify at trial.
(This story was updated to add new information.)
Oklahoma
Oklahoma City house fire causes roof collapse; no injuries reported
The roof of a home in Oklahoma City collapsed following a fire early Thursday morning, according to firefighters.
The Oklahoma City Fire Department says firefighters were called around 2 a.m. to the scene of a fire at a home near Southeast 29th Street and South Shields Boulevard.
After arriving at the scene, firefighters reported flames coming from the home and serious structural damage, including the roof, which had collapsed due to the fire.
Additionally, OKCFD reported this was not the first emergency services response to the home, with a call for medical services being placed to the same address only a few hours earlier.
“We know that earlier today, they’d made a medical call over here,” OKCFD Battalion Chief Greg Lindsay said. “Somebody was staying in that building, so we’re being extra careful to check and make sure that everybody got out.”
No injuries were reported. Fire investigators believe the cause was related to a cooking incident.
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