Agents seek answers about shoot out

DEL CITY — The rifle used in the shooting deaths of two Seminole County sheriff’s deputies was bought by the suspect at a military surplus store in Del City.

The 9 mm Kel-Tec rifle was purchased by Ezekiel Holbert five years ago today at Brigadoon military surplus, The Oklahoman has learned.

Holbert, 26, is accused of killing deputies Chase Whitebird, 23, and Marvin Williams, 43, on July 26 when they tried to arrest him at a home in Seminole.

Pontotoc County District Attorney Chris Ross said Tuesday that Holbert had been keeping the rifle at a relative’s home, but retrieved it weeks before the shooting.

Oklahoma State Bureau of Investigation agents are trying to track the history of the rifle, including how Holbert was able to pass a federal background check with his criminal and mental health history, Ross said.


Past troubles
Ross said it’s unclear whether Holbert’s criminal and mental issues dated back far enough that he shouldn’t have been able to buy a gun in 2004.
Ross said if Holbert lied on the federal firearms application, he could face additional charges in Oklahoma County or federal court.

Holbert’s mother, Patsie Holbert, said she signed paperwork on three occasions in recent years to have Holbert committed to a psychiatric hospital.

Holbert was charged in 2002 with felony assault in Dallas County, Texas, but it was reduced to a misdemeanor under a plea agreement, court records show.

At the time of his arrest on murder complaints, he faced a domestic abuse charge in Seminole County.

Brigadoon owner Rita Leffler said the 9 mm Kel-Tec rifle is a favorite among gun collectors and is used mostly for target practice.

Leffler said she doesn’t remember Holbert, but she is confident he passed the FBI’s background check or they wouldn’t have sold him the gun.

Everyone who buys a firearm must complete an application from the U.S. Bureau of Alcohol, Tobacco and Firearms, said Jeff Cochran, resident agent in charge at the ATF’s Tulsa office.

The form has more than a dozen questions and many cover criminal and mental health history. The application is forwarded by the gun dealer to the FBI for a computer generated background check before a potential buyer is allowed to take possession of a gun, Cochran said.



from the oklahoman