By Conrad Dudderar
EL RENO – A Yukon man has been convicted of a felony for kicking a police officer at a Yukon-area restaurant.
Bryan Edward Day, 40, recently pleaded no contest in Canadian County District to the charge of assault and battery on a police officer.
Day, of SW 15th Terrace in Yukon, was formally charged in January 2022 stemming from a November 2021 incident at Braum’s Ice Cream and Dairy Store, 111 S Mustang Road in Oklahoma City limits.
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, according to court documents.
The defendant, represented by public defender Karla Tankut, appeared via videoconference from the Canadian County Jail for a May 12 plea and sentencing hearing.
After Day entered his no contest plea, Special Judge Charles Gass suspended sentence for five years. He will be supervised by the District Attorney’s Office while on probation.
Judge Gass ordered the defendant to pay a $50 fine, $50 victim’s compensation assessment, court costs, and court-appointed attorney fees. A cost administration review hearing is set Dec. 5.
Day also must undergo a drug and alcohol assessment and follow all recommendations, Judge Gass ruled.
HOW IT HAPPENED
Day was arrested after Oklahoma City Police responded shortly before 9 p.m. Nov. 23, 2021, 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 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.
Oklahoma City Police also arrested Day on Feb. 6, 2022, for trespassing and resisting arrest in a separate incident that occurred at Walmart, 6100 W Reno.
Day 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.
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.
Day, formerly of Bethany, also has prior misdemeanor convictions in Oklahoma County for domestic abuse assault and driving with a suspended license.