OKLAHOMA CITY — A Broken Arrow lawmaker argued with police and warned officers they had “messed up” before being arrested on a public drunkenness complaint Thursday.
While in a police cruiser, Rep. Dean Davis, R-Broken Arrow, pulls out a card identifying him as a House member with special privileges.
Republican Rep. Dean Davis, 50, flashed his legislative ID card after an officer had handcuffed him outside a bar in Oklahoma City, according to an arrest report.
This marks Davis’ second arrest since he was first elected in 2018. He disputes any wrongdoing.
The arrest report indicates Davis and at least one other state representative were drinking on the patio of a Bricktown bar called Skinny Slims at around 2:11 a.m. Thursday. The bar is located just down the street from an Oklahoma City Police station.
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The report said it’s a violation of state law for patrons to be consuming alcoholic beverages at a bar after 2 a.m., so officers commanded the three men on the patio to leave. They did not comply, according to the report.
One of the officers reportedly talked to a bartender who said she had repeatedly asked the men to leave, but they kept saying that they were state representatives.
While in a police cruiser, Rep. Dean Davis, R-Broken Arrow, pulls out a card identifying him as a House member with special privileges.
At one point, Davis became argumentative with officers, according to the report. Officers asked him twice more to put his drink down and leave. Davis then put his drink down and tried to show officers a credential.
He then “stated (something) to the effect of ‘you don’t know how bad you messed up, you will find out tomorrow,’” the report states.
After he had been handcuffed and walked to a patrol car, Davis told the officer to look at his card indicating he’s a member of the Oklahoma House, according to the report.
Body camera footage provided by the police shows Davis repeatedly insisting he cannot be arrested. He appears to argue that as a state lawmaker, he can’t be detained while the Oklahoma Legislature is in session.
Rep. Ryan Martinez, R-Edmond, made a similar case to police when he was arrested in October on suspicion of driving under the influence.
Davis asked the officer to read the card that indicates he’s a state representative and cites a portion of the Oklahoma constitution that says lawmakers shall “be privileged from arrest during the session of the Legislature.”
That provision of law is not intended to provide lawmakers blanket immunity from arrest, but is largely interpreted to ensure they cannot be impeded from voting on issues at the state Capitol.
After questioning whether Davis really is a state lawmaker, the officer told him “you’re not in the state Capitol right now.”
“You can’t detain me,” Davis told the officer.
“I can, and I am right now,” the officer responded.
Davis repeatedly insisted the officer call his supervisor.
The body camera footage also shows Davis appearing confused at times.
He asked the officer who handcuffed him why he was being detained. When the officer responded that Davis was being arrested for being drunk in public, the lawmaker said, “I don’t understand what you guys are doing and why.”
The body camera footage does not show the full interaction between Davis and police officers.
Police also provided four video clips from when Davis was in the back of the patrol car that show the lawmaker debating with an officer over the circumstances of the arrest.
Davis insisted he was drinking a soda when he was arrested and questioned how police could claim he’s intoxicated when they hadn’t tested his blood alcohol level.
He also accused officers of “rolling in hot,” and said it was less than two minutes from when the police pulled up to when he was being handcuffed.
Davis said he was eager to review the body camera footage of his arrest.
“I will sit there with your captain and watch that video,” he told the officer.
In an interview with online news outlet NonDoc, Rep. T.J. Marti, R-Broken Arrow, who was with Davis at the bar Thursday morning, acknowledged he was the individual identifying their group as House members to police. Davis did not flash his ID at them prior to his arrest, Marti said.
Marti disputed the narrative of the police report and said the video released by police leaves out the beginning of the interaction that shows Davis trying to walk away and order an Uber when he was arrested. When the police arrived, Davis was drinking a soda, not an alcoholic beverage, Marti said.
The lawmaker had watery eyes and slurred speech, according to the arrest report.
After being released from jail at 5:19 a.m. Thursday, Davis later appeared at the Capitol during a full legislative day.
On the House floor, Davis did not mention the arrest, but he apologized to his colleagues for the events of the prior evening becoming an “unnecessary distraction” from legislative work. He also disputed any wrongdoing.
Asked about the arrest, Gov. Kevin Stitt on Friday declined to comment on the details.
“People sometimes make poor choices, and they need to be held accountable,” he said.
In September, Davis entered into a plea deal in relation to a 2019 arrest in Broken Arrow.
Davis pleaded no contest to charges of driving while impaired, speeding in excess of the lawful maximum limit and obstructing an officer.
He received a deferred sentence and agreed to pay about $1,000 in court fines, fees and assessments. His six-month probationary period ended March 3.
After his 2019 arrest, Davis begged for help from other state lawmakers and law enforcement officials, according to jail phone recordings.
Davis also was arrested in 2010 on a DUI complaint, but records from that case are sealed.
