By Conrad Dudderar
EL RENO – A Yukon convict faces four years to life in prison after being charged with kicking a police officer at a Yukon-area restaurant.
Bryan Edward Day, 39, was charged Jan. 27 with assault and battery on a police officer in Canadian County District Court.
Day, of SW 15th Terrace in Yukon, was formally charged with the felony crime stemming from a Nov. 23, 2021, incident at Braum’s Ice Cream and Dairy Store, 111 S Mustang Road in Oklahoma City limits.
Assistant District Attorney John Salmon alleges Day violated state law “by willfully and unlawfully kicking” Oklahoma City police officer Mitchell Penney “multiple times in the shin and the body, with the intent to injure” Penney while the officer was performing his duties.
Day was arrested after Oklahoma City Police responded shortly before 9 p.m. Nov. 23 to a reported physical altercation in the Braum’s drive-thru.
Officer Penney was trying to place Day in handcuffs when he began to kick the officer in his left shin using his right foot, according to an Oklahoma City police report.
After being taken into custody, Day again allegedly kicked officer Penney – this time in the chest with his left foot – when Penney and another officer tried to place him in the backseat of a police car.
“It should be noted that AR Day had on heavy cowboy-style work boots,” the police report reads.
RESISTING ARREST, TRESPASSING
Oklahoma City Police also arrested Day on Feb. 6 for trespassing and resisting arrest in a separate incident that occurred at Wal-mart, 6100 W Reno.
Day allegedly refused to leave “after causing issues within the store” and got into a scuffle with store security personnel, according to a police report.
Day had outstanding warrants for destroying property, public drunkenness, driving under suspension, and failure to show proof of insurance. He was booked at 11:15 p.m. Feb. 6 into the Oklahoma County Jail.
The crime of assault and battery on a police officer is punishable by up to five years in prison and/or a maximum $500 fine.
However, Day is facing a stiffer penalty because of other crimes he has committed.
The defendant has previous convictions in 2014 felony cases in Oklahoma County District Court – for aggravated attempting to elude a police officer, possession of a controlled dangerous substance (meth) and possession of a stolen vehicle.
As part of a plea agreement, Day was given a five-year suspended sentence with the first 60 days to serve in the Oklahoma County Jail plus fines and community service.
Because of his earlier offenses, Day could spend four years to life in state prison if convicted of the police officer assault charge in Canadian County.
Day, formerly of Bethany, also has prior misdemeanor convictions in Oklahoma County for domestic abuse assault and driving with a suspended license.