A 33-year-old Tecumseh man has been charged in McIntosh County District Court with two felony counts in connection with a hit and run incident that took place in Checotah on Aug. 17.
Cody Wayne Phillips was charged on Sept. 26 with assault and battery with a deadly weapon and leaving the scene of an accident involving injury.
A warrant has been issued for the arrest of Phillips, who is in custody of the Muscogee (Creek) Nation where he is charged with felony theft and felony eluding officers.
A hearing in the MCN District Court is scheduled for 9 a.m. on Oct. 16.
The alleged hit and run in Checotah took place on Aug. 17 at 915 W. Gentry near Stanley’s Discount store.
According to police, Cavarious Lemon Hargrove, 48, of Checotah was riding his bicycle in the area shortly before 8 p.m. when he was run over by Phillips who then fled the scene.
Hargrove was taken to an area hospital, suffering from a broken leg and multiple lacerations.
He was released on Aug. 19 and is now residing in Texas, according to a probable cause affidavit.
Officer Devan Paige Mitchell responded to the report of the hitand- run. During his investigation, Mitchell used found video of the hitand-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.
