Wagoner County Woman Charged With Manslaughter, Accused Of Watching Husband Overdose And Die

Prosecutors charge a Wagoner County woman with manslaughter after deputies say she watched her husband overdose and die and never called 911.

Investigators say they believe the man took drugs laced with fentanyl.

Investigators say Melissa Birk called family and friends saying her husband was overdosing, and they all told her to call 911, but say she refused to because she had warrants, so another family member called, but it was too late.

Body camera video shows Wagoner County deputies arresting Melissa Birk. Investigators say Birk's husband started overdosing in June at their home and Birk didn't do anything to help him.

“She called her son and she called two other people saying he's overdosing, he's vomiting, he's throwing up. They said you need to hang up and call 911 immediately and she said I can't, I've got warrants, I'll get arrested,” said Investigator Jake Carey with the Wagoner County Sheriff's Office.

Investigators say a friend drove 45 minutes to the couple's house and says Burk was walking out of the house to leave, and her husband was already dead. The friend told deputies Birk said she was leaving because she didn't want to get arrested. That friend called 911.

"We almost immediately started getting phone calls from family members saying that the wife of the deceased individual knew that he was overdosing and chose not to contact law enforcement or help or anything,” said Carey.

Investigators say they found drugs they believe were laced with fentanyl. The drugs have been sent to OSBI for testing. Investigators say when they interviewed Birk, she told them she had planned to call 911 but was waiting until her son arrived from Arkansas.

"For a lack of a better term, it's insane. If you are married to somebody and they are actively suffering, obviously, any normal person's response is going to be I need to get this person help as quickly as I possibly can,” said Carey. 

Birk is in the Wagoner County Jail charged with second-degree manslaughter. We called her attorney and left a voicemail but haven't heard back.