Attorneys for a Hunter man charged in June with assault and battery with a lethal weapon filed a habeas corpus on Friday stating that her client was violating his constitutional rights to bail.
Alexander John Feaster was arrested in June after shooting a 26-year-old Enid woman who stole a Nazi flag from his Hunter residence. Feaster was charged with the crime on June 30 and has been held on bail for $ 500,000 since his arrest.
The document filed by Feaster attorneys Stephen Jones and Gabriel Dunbar states that their client's loan is "excessive, unreasonable and virtually no bail at all".
The filing claims Feaster is a "patriotic citizen" with no criminal record with an honorable discharge from the United States Air Force, which enrolled after September 11, 2001 and completed three tours overseas.
The file asks the court to consider five reasons for setting a lower bond for Feaster: He has no previous convictions; He is a lifelong resident of Oklahoma (except while serving in the military). he owns property in Garfield County; has family in Kay County; and “There is reasonable, if not absolute, doubt that the petitioner is not guilty of the crime. He acted in self-defense. The fact that he committed a crime of showing a flag of infidelity because such tactics are unconstitutional cannot have any effect. "
The file said the 26-year-old woman had committed the crimes of trespassing, theft, hate crimes, violating the Oklahoma anti-terrorism law, and public poisoning. The files state that the woman was not charged with any of these crimes.
A letter submitted in support of the habeas corpus brief was subject to numerous threats, harassment and theft of its personal property.
"At least seven times, flags that were his property and that were publicly associated with the Third Reich and National Socialism were displayed outside his home," the lawyers wrote. "These flags represented his political views and were stolen and destroyed."
Feaster was told there was a threat to his life prior to July 4, 2020 and law enforcement agencies asked to continue patrolling the area of his home. As far as Feaster knew, there were no patrols in the area, according to his lawyers.
“The accused is not a violent man and does not describe all the tenants of Nazism, but believes that the economic situation in the United States as it is now is no different from that of the Weimar Republic in the 1930s when Adolph Hitler became Chancellor elected, ”says the letter. “He has held these views for the past two to three years. He only demonstrated publicly than to display the flag or insignia on his property. "
The letter says that on the night of the incident, Feaster could see people across the street from his house exchanging cash for small plastic bags, but couldn't see the contents of the bags. The short states Feaster believed there were 20 to 30 people at the party across from his house.
"It also appeared to him that several people were holding guns under the light of their cell phones, which led Mr. Feaster to believe that they knew he was watching and wanted to show him that they had guns," the letter reads .
The letter also describes the incident on June 27th or 28th.
Then he heard what he thought was his flag, which was forcibly removed. He grabbed his precautionary weapon, opened the main door and called "Halt". The thief didn't stop. "Mr. Feaster was seen walking or running out of his house believing he had fired four" warning shots "into the air above the thief. The thief appeared to turn to Mr. Feaster and aim something at him."
The brief claim that Feaster saw lightning and heard a shot, but doesn't know who fired the gun. He thought it was the person running or one of their friends.
"Mr. Feaster was isolated and alone and feared for his life," says the letter. "He shot several times under the middle of the thief to neutralize the thief without killing the individual."