OKLAHOMA PROBABLE CAUSE AFFIDAVIT IN THE DISTRICT COURT OF CRAIG COUNTY STATE OF OKLAHOMA. Plaintty, ) STATE OF OKLAHOMA } vs, ) Court Case # ) Agency Case # OHP23-018540 Defendant, ) Name BRYAN, ZACHARY ; 1 Verifed NON NATIVE License # )—_Veiflea Nani Wi TRIBE PROBABLE CAUSE AFFIDAVIT FOR ARREST WITHOUT WARRANT Offense(s) Committed / Anticipated Charge(s) 721-540: obstruction of Law Enforcement Officer Facts & Circumstance that support probable cause to arrest the above named person are (On 09-07-2023 Trooper BEN BERTRAM #245 was working his regular patrol shift from 1400-2200 hours in his assigned area of the Will Rogers Turnpike (|-44) under the authority of the Commissioner of Public Sefety for Oklahoma to enforce Oklahoma state laws and assist the motoring public with safety needs. BERTRAM was wearing his class A uniform clearly identifying him as a law enforcement officer. He was also driving a department Issued 2017 Dodge Charger that is. equip with operational flashing red and blue lights as well as an audible siren and several decals identifying the vehicle as an Oklahoma Highway Patrol vehicle. While traveling southbound on United States Highway 60 BERTRAM observed a white SUV driving northbound on US 60 near Scraper Street at a speed much greater than that of the average vehicle in the legally posted 55mph zone. After his in-car radar, BERTRAM observed a digital reading of 78 mph that was accompanied with an audible tone consistent with the reading. When it was safe to do s0, BERTRAM made a U-turn in the roadway and proceeded northbound on US 60 before proceeding to catch up to the violator vohiclo and attempt a traffic stop.Facts & Circumstance that support probable cause to arrest the above named person are (Continued) At approximately 1740 hours, BERTRAM pulled behind the white SUV and activated his flashing red and blue emergency lights to indicate to the driver of the suspect vehicle that a traffic stop was being attempted. The vehicle failed to yield for a short distance while traveling in the inside lane of the roadway prompting BERTRAM to activate his audible siren, In BERTRAM's training and experience, this is inconsistent with the average motoring public. The vehicle was still traveling nearly 60 mph in a now posted 35 mph zone. The traffic stop took place inside the city of Vinita, Oklahoma located inside Craig County. The driver of the SUV stopped in the outside lane of travel with multiple local businesses and city streots off the main highway that could have been utilized for a safor area to stop. A driver side approach was made to the vehicle where a white male driver was contacted and informed for the reason of the traffic stop and requested for his driver's license. After handing BERTRAM a California driver's license, the driver (single occupant of the vehicle) was instructed to pull into the Extreme Car wash approximately 20 feet north of their current location. The driver complied with the request. ‘The driver was also asked for his vehicle insurance but stated that the vehicle was a rental. During the initial contact, the driver was showing obvious signs of extreme nervousness with his speech being shaken as well as clear discomfort during the initial interaction. Aftor pulling into the car wash, BERTRAM began running routine checks of the drivers license and vehicle information, The vehicle was bearing an Illinois license plate of FP163770 which roturnad to a 2023 Hyundai SUV rental vehicle. The drivers California rivers license bearing a photo likeness of the driver gave information for a WILLIAM CHARLES THIEL of San Diego California with a date of birth of III and license number of While conducting routine checks, BERTRAM observed a large black Ram TRX pickup pull up along the passenger side of the SUV. Due to the behavior of the violator from the observation of the initial traffic violation, the continued speeding violation through the city of Vinita, the need to activate the audible siren to gain the attention of the violator, the nearly suciden stop in the outside lane of travel in the roadway, and the extremely nervous behavior of the violator during the initial contact, BERTRAM was alroady at a heightened sense of a potential threat to his safety. The actions of the Ram pickup added to the situation being an even greater potentially dangerous environment for officer safety. While completing his citation, BERTRAM was able to visually observe the driver of the black pickup waving his hands around and making furtive movements inside the pickup. After the pickup was stopped for approximately three minutes, BERTRAM observed the driver of the black pickup exit the truck and walk out of sight to the passenger window of the SUV. BERTRAM immediately exited his patrol unit and walked up to the passenger side of the SUV and asked the male “what are you doing?” The male responded by saying, “Lam wondering what is taking s0 long.” BERTRAM informed the male that he needed to get back into his truck to which he did not comply. For a second time BERTRAM told the driver to get back in his truck and that he is interfering with his police duties and that if he did not comply that he would be going to jail. The male responded with saying “I'l go to jail, let's do it At that time, BERTRAM removed his handcuffs and placed the male under arrest. After being placed in handcuffs, BERTRAM explained that he was attempting to write a citation to THIEL for the speeding violation but the presence and actions of the now arrested driver of the RAM pickup was interfering with the traffic stop. The male was escorted by BERTRAM to the front passenger seat of the patrol car. The arrestee sel identified as ZACH BRYAN and handed BERTRAM his identification. BERTRAM attempted to complete the initial citation for the traffic stop but BRYAN began to argue with BERTRAM about not doing anything wrong and made statements about this same situation taking place just days prior where he encountered law enforcement. BRYAN also stated that BERTRAM arresting him is “why people do not like police officers.” BERTRAM maintained a professional and calm demeanor throughout the interaction with BRYAN and attempted to explain the situation that had taken place and how BRYAN was interfering with the traffic stop and potentially causing an officer safety issue. By this time, BRYAN was clearly aggravated and argumentative with BERTRAM.Facts & Circumstance that support probable cause to arrest the above named person are (Continued) BRYAN told BERTRAM that if he would let him out of the handcuffs that he would get back in his truck while also stating “If you don't, it is going to be a mistake sir. | promise.” “This is the second time this has happened in three days. These fucking cops are out of control.” BERTRAM was finally able to complete the citation for the initial traffic stop and informed BRYAN that he would be right back. BRYAN asked again if BERTRAM would take his handcuffs off. BERTRAM approached the front passenger door of the white SUV and informed the driver of the detalls pertaining to the citation. THEIL accepted his citation. BERTRAM then asked THEIL about BRYAN and why he was so irate, to which THEIL stated that he was a musician and that he was under a lot of stress and pressure. THEIL was very respectful and understanding and stated that BRYAN just needed to get away from the pressure. BERTRAM stepped away from the patrol vehicle and made a phone call to the Craig County Assistant District Attorney Erin O’Quin in reference to the actions of BRYAN during his traffic stop with THEIL. BERTRAM was given confirmation that his actions in arresting BRYAN were with due cause and he was good to complote the arrest. BRYAN was complaining of the tightness of the handcuffs to which BERTRAM removed BRYAN from the patrol vehicle and checked the tightness where he stated that they were not too tight, but they would be re-adjusted for his comfort. BRYAN continued to complain about the amount of time the interaction was taking place and stated that is had taken over 45 minutes when the interaction with BRYAN has taken place for less than 20 minutes. BRYAN then begins to inform BERTRAM that he needed to be read his Miranda Rights since he had been arrested. The need for Miranda was not necessary at that time due to BRYAN not being asked any questions pertaining to any crime, but BERTRAM chose to read them at the request of BRYAN. BRYAN stated that the driver of the white SUV was his security guard and that is why he stopped. But ifit was not his security guard and just a random person then that would be different. He also stated, “you boys need checked, a bunch of fuckin middle aged white dudes arresting people.” BERTRAM asked BRYAN if he would like to have a conversation and explained again to BRYAN why he was arrested. During that time, BRYAN stated that since they were at a car wash, he was not interfering with the traffic stop because he needed to get to Boston and the driver of the SUV was his security guard and he did not like how long the traffic stop ‘was taking. (At the time of BRYAN exiting his vehicle was less than 7 minutes into the traffic stop from the observation of the initial violation, activation of lights then siren, suspect vehicle stopping in the lane of travel and being instructed to pull into the nearby car wash, then BERTRAM beginning the routine checks to properly complete a citation.) BRYAN was argumentative with BERTRAM and after BERTRAM informed him that he had contacted the ADA O’Quinn and BRYAN was going to be arrested, BRYAN became very apologetic while also arguing with BERTRAM stating that he would call the Mayor. BERTRAM was informed earlier in the interaction with BRYAN that a dog was inside his pickup prompting BERTRAM to ask BRYAN if he would give permission to THIEL to take possession of the dog because the RAM pickup was going to be towed. BRYAN told THIEL to call his dad and to not let the truck get towed. The vehicle was going to be towed and THIEL took possession of the dog. Awrecked was requested by BERTRAM. ‘The father of BRYAN spoke with BERTRAM on the phone. BERTRAM informed the father as to the facts surrounding the arrest of BRYAN. BERTRAM then gave BRYAN the phone while on speaker phone. BRYAN told his dad that he was instructed to get back in the truck, but he did not, and he was told he was going to be taken to jail if he did not and BRYAN stated that he told BERTAM “fuckin take me to jail then.” While on the phone call, BRYAN also spoke about ‘open containers of beer inside the truck. The father of BRYAN spoke with BERTRAM again asking about the arrest and was informed that the phone was on speaker and that there would be no assumption of privacy for any statements made. During the conversation the father of BRYAN stated that he would be calling the Governor. The conversation was concluded shortly after that. ‘Trooper NATHAN BIGGS #220 completed the vehicle inventory before D&K Wrecker service took possession of the pickup. After BERTRAM completed his needed information for a citation for BRYAN he transported BRYAN to the Craig County Jail for booking.[J AFCE?[ Time (1) [y ] Time (2) or Other Trooper/Officer Name; TROOPER BEN BERTRAM Badge Number; 345 ‘Signature of Affiant Based on this information, the undersigned prays that this Honorable Court issue a finding of fact that probable cause exists to believe that a crime has been committed and that there is probable cause to believe the Defendant(s) above named ‘committed that crime. The following affirmation is endorsed with my electronic signature as defined by 12A §15-102 and authorized by 22 0.S. §7. | state under penalty of perjury under the laws of Oklahoma the foregoing is true and correct. 12 OS. §426. Subscribed and sworn to before me this _ day of - 2024 My Commission Expires: _ NOTARY PUBLIC FINDING OF PROBABLE CAUSE ‘The Undersigned Judge of this Court, upon sworn affidavit, hereby determines there to be probable cause for issuance of an arrest with warrant. | make the preceeding findings and order pursuant to Gerstein v. Pugh, 420 U.S. 103 (1975), and County of Riverside v. MeLaughlin, No, 89-1817 (U.S. May 13, 1991) (Lexis 2528) Date JUDGE OF THE COURT FINDING OF PROBABLE CAUSE The undersigned Judge of this Court having conducted a probable cause determination for the above named person's arrest without warrant by sworn testimony andior affidavit finds; [1 This affidavittestimony contains sufficient facts showing probable cause for the person’s arrest existed at the time of the arrest. Arraignment before a court is ordered on [_] This affidavittestimony contains insufficient facts to show probable cause for the person's arrest existed at the time of arrest. The arrestee is ordered released from custody immediately I make the preceeding findings and order pursuant to Gerstein v. Pugh, 420 U.S. 103 (1975), and Counly of Riverside v. McLaughlin, No, 89-1817 (U.S. May 13, 1991) (Lexis 2528); : Date JUDGE OF THE COURT