By John Dobberstein, Editor
District Attorney Jack Thorp has ruled Wagoner County Sheriff’s Deputy James Burk acted lawfully when he shot Steffon Griffin during a struggle in January as he was being arrested.
The shooting was reviewed by Josh Patzkowski, a special agent with the Oklahoma State Bureau of Investigation, and the findings sent to Thorp for review. The evidence included interviews, photographs, and bodycam videos.
Thorp said the evidence showed Burk was in defense of his life while attempting to arrest Griffin, who was in violation of a protective order in the Toppers area of Wagoner County.
Burk arrived in the area of 31810 E. 723 Road on Jan. 17 and encountered Griffin walking down the road in close proximity to the alleged reporting party. Burk observed Griffin was wearing a large knife in a scabbard from his waist.
Alter a brief discussion, Burk received confirmation from Wagoner County dispatch that Griffin had a “no bond” arrest warrant for violating a protective order. Upon
learning of this, and prior to Deputy Emily Giles’ arrival, Burk announced to Griffin that he was under arrest.
“In reviewing body camera footage, it appears that Burk attempted to place Griffin into custody and was immediately attacked physically by Griffin who battered Burk in the head area,” Thorp wrote in a letter to OSBI. “Shortly after the first strike to the head, Griffin continued to hit Burk in the upper area of the body.
“In an effort to control Griffin, Burk took Griffin to the ground, mindful of the knife in the scabbard on his waist. Sometime during the altercation, Griffin touched Burk’s duty firearm and Burk noted that Griffin had other knives.”
According to interviews, Giles arrived while Burk was attempting to control Griffin. Griffin was heard multiple times yelling, “I’m gonna kill you” and “I’m gonna get your gun.”
According to Thorp’s letter, Giles immediately attempted to aid Burk but they were still unable to control Griffin. At some point in the fight, Griffin attempted to stab them with an ink pen and delivered multiple blows to Giles with one of the deputies’ ASP baton.
Crime scene footage revealed at least four different knives in the possession of Griffin. Toward the end of the encounter, Griffin can be heard telling Burk that he is going to “kill” Burk “with this.”
According to Thorp, Burk saw that Griffin was attempting to open a pocket knife, and Burk yelled multiple commands to “drop the knife.” According to the audio of the body camera, and the interview of Burk, it was at this time that he used deadly force, shooting and killing Steffon Griffin.
“It is clear from the investigation that Burk and Giles working together could not restrain Griffin by less lethal means,” Thorp wrote. “I have received information that Griffin did struggle with mental illness.
“However, due to the nature of this encounter and the immediacy with which Griffin attacked the officers, could see no path by which Burk could have withdrawn, or used less lethal methods to subdue Griffin. Even with prior knowledge of mental illness, the onset of the attack by Griffin was sudden and appeared to be unexpected.”
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