Pottawatomie County Deputy Won't Face Charges After Arrest

A Pottawatomie County deputy who was arrested in Oklahoma City on Dec. 4 on the suspicion of assault is no longer under investigation. On Friday, the Cleveland County District Attorney announced the office would not file charges.

"Our office reviewed the evidence given to us by law enforcement and we found that the evidence does not support the elements of a crime," a spokesperson for the District Attorney's office said. "Due to conflicting statements, an unwillingness from those involved to testify, and a lack of forensic evidence, we were unable to file charges based on what we received. However, if we receive additional information or evidence from law enforcement then we will review the case again and make a decision."

Scott Adams represents David Dewitt, the now-cleared deputy. Adams said the lack of evidence is not surprising and he sent a preservation of evidence letter to Christie's Toy Box, where the incident happened. "He got upset with the clerk, which I understood that," Adams said. "And he was trying to exit the facility, he got hit on the head with something. First of all, I was shocked anyone would throw something at a customer like that; but he did. And all David did was respond as you would respond with your wife, or I would respond with my wife. If someone attacked me in the head with something and I'm with my wife, I can assure you something bad is going to happen."

Adams said Dewitt was unavailable for an interview.

Despite the initial police report claiming there was surveillance video of the incident, Adams said he and his client were not provided with any video. He believes that is further proof his client did nothing wrong. "I actually commend David for stopping when he did," he said. "He's trained. He knows what he's doing. He could have inflicted some very serious injuries on that clerk and he didn't."

A representative for Christie's Toy Box previously told News 9 it could not comment on the incident or provide video.

Sheriff Mike Booth said his agency previously placed Dewitt on paid administrative leave as it investigated, but that he is pleased Dewitt can return to work. "I know we're maintaining the highest degree and highest quality of personnel and standards we can based on the resources we have to work with," Booth said. "And we have far exceeded that. And David Dewitt has been part of that. And as far as I am concerned, he will continue to be part of that."