A 33-year-old man arrested by Checotah police in August on suspicion of a hit and run incident is in the custody of the Muscogee Creek Nation on charges of felony theft and felony eluding.

Cody Wayne Phillips, whose history of various arrests state he is a resident of Tecumseh, was to be arraigned in the MCN district court at 9 a.m. Wednesday, Sept. 11.

Phillips is alleged by Checotah police to have run over Cavarious Lemon Hargrove, 48, of Checotah, on Aug. 17 at 915 W. Gentry at Stanley’s Discount store.

Officer Devan Paige Mitchell responded to a report of the hit-andrun that took place shortly after 8 p.m. Hargrove, who had been writing a bicycle, was in the roadway, suffering from a broken leg and multiple lacerations.

Hargrove was flown to an area hospital, where he was released on Aug. 19.

During his investigation, Mitchell used video of the hit-and-run scene obtained from the nearby Family Loan office. Mitchell identified a 2002 four-door silver Dodge Ram pickup with Harley Davidson stickers on the rear window.

“You can see Mr. Hargrove in the parking lot of Stanley’s on his bicycle. From the corner of the Casey’s parking lot, you can see the truck circle around, exit onto NW 7th street, and then cut through the parking lot of Stanley’s and accelerating where it then strikes Mr. Hargrove, dragging him from what we measured on scene 68 feet, and continuing eastbound on West Gentry,” Mitchell stated in his report.

Mitchell and other officers determined that the owner of the suspected truck was Phillips, who was arrested on Aug. 19 on an allegation of aggravated assault.

However, Phillips is a member of the Muscogee tribe and was turned over to tribal authorities, where he has been in custody since then.