Fry seeks change in status of probation
Conflicts of interest prompt DA's Office to recuse itself from case
by C.F. David
Edwin Dwayne “Pete” Fry, a former Cimarron County resident, has petitioned District 1 Judge Greg Zigler for a modification in his probationary status.
In a letter to Zigler, Fry has requested a modification to his probation rules and conditions. Fry is asking that restrictions against him living in Boise City be lifted.
District Attorney Mike Boring, through his assistant Megan Kennedy, informed Zigler, that his office would recuse itself due to conflicts of interest from himself, First Assistant George (Buddy) Leach III, and Assistant Stan Manske.
The state will be represented by a D.A. from another district, assigned to the job by Oklahoma Attorney General Drew Edmondson.
In his request for modification Fry explained to Zigler that due to financial hardship, he will soon lose his home, (a ranch near Folsom, N.M.), and that due to that, his medical problems, and the need to help his mother, he needs to reside in Boise City.
At present, Fry is ordered to stay at least 2,000 yards away from George Leach II, George Leach III, Dallas and Eldon Fry, and former Cimarron County Sheriff Ken Miller. Miller and George Leach II, live in Boise City, the Frys, (his sons), live within Cimarron County, and George Leach III resides in Texas County.
Fry is also presently restricted from coming into Boise City except for medical emergencies, or visits to his mother; and then no more than three times a week, (with the approval of his probation officer). He is also restrained from traveling east of Cimarron County, including Elkhart, Kan.
Fry, is serving an 11-year probated Oklahoma sentence on a blind plea entered in September of 2000. Fry, at that time, pleaded guilty to “Endeavor to solicit, encourage and/or conspire to deliver or distribute a dangerous substance”, (methamphetamine).
According to court records, Fry's present legal problems began in 1999 when he began to conspire with several different individuals to produce and distribute methamphetamine in an effort to set up or harm the Leachs, Frys and Miller, all of whom he considers to be enemies.
The drug enterprise was allegedly operated in southeastern Colorado, Northeastern New Mexico, and Cimarron County.
However, the charges of methamphetamine production wasn't Fry's first legal entanglement and it wasn't his last. According to court documents, in 1984, Fry was placed on three years probation for a Kansas conviction for the theft of 205 barrels of condensate, (drip gas). The petroleum by-product was valued at $5,933.40. He received a three-year probated sentence.
According to those same documents, Fry, while testifying in the condensate case, was found to have perjured himself. He was then bound over to a federal institution for incarceration.
After his blind plea on the Oklahoma methamphetamine charge in 2000, Fry was again arrested and charged in the United States District Court in Albuquerque, N.M. as a felon in possession of a firearm; accused of possessing weapons in his New Mexico home. Fry explained in testimony that the items in question belonged to his wife, a collector of firearms, and were locked in a safe with a combination of which he had no knowledge.
However, those federal charges got Fry another probated sentence of five years, which is also still in effect.
Zigler informed Fry and his probation officer Odie Nunley that he, (Zigler), had received “...more than a couple of letters.” asking that Fry's probation not be modified.
Zigler then turned to Nunley and informed him that he, (Nunley), had come under criticism for his handling of Fry's probation.
Zigler then told Nunley that the court would require a complete investigation of the allegations of Fry's possible violations of his probation, and asked if he, (Nunley) felt he could do the investigation.
Nunley replied that he was familiar with the file and that although he knew that Fry had sometimes been in Boise City more often than allowed, he [Nunley] had seen nothing that he considered serious enough to report to the District Attorney.
Nunley then responded that he felt that Fry should be treated as any other convicted felon and be allowed to have his probation modified.
Zigler replied, “I have concerns about Mr. Fry. This is the only course of conduct for the court. I need, Probation and Parole to do an investigation on this. This has raised some issues with the court. Do you think you are capable to this [investigation]?”
Nunley replied, “Yes”.
Zigler then set the next appearance for the May 19 court docket.
Fry then told Zigler that he had yet to retain legal counsel and that he was attempting to retain New Mexico Attorney Charles Aspinwall who had represented him both in Boise City and Albuquerque.
Zigler then told Fry that the legal processes of allowing an attorney not licensed in the state to practice in Oklahoma had changed and that Mr. Aspinwall would have to “...act quickly.” to make the May 19 hearing.
Boise City News