Competency laws disrupt justice in OK County Deputy murder case

The family of the Oklahoma County Deputy killed in 2022 while serving an eviction notice reacted to learning the accused murderer may not face justice. A judge ordered the state to end its efforts to restore Benjamin Plank's competency for trial, and will likely result in dismissed charges.

Austin Swartz said in a statement issued to News 9, his family is heartbroken, furious and in shock. He said the ruling issued on Tuesday not only failed his father, Sergeant Bobby Swartz, but all law enforcement officers.

Swartz spoke to News 9 earlier this year before Benjamin Plank's recent competency hearings. He has been waiting three years for justice for his father and Deputy Mark Johns, who was left critically injured in the ambush shooting.

"There are times you look back and it feels like it was just yesterday," said Swartz.

In a statement, Swartz said of his father, "Every day we remember his courage, his dedication, and the life he gave protecting others."

A judge ruled Plank had reached the two-year limit for state competency treatment and cannot stand trial. The judge said there is "no other option other than civil commitment," and dismissed the criminal charges.

Swartz blamed the Oklahoma Department of Mental Health for Plank's alleged lack of treatment, saying:

"Because of their failures, this man who murdered my father has been given a pass."

Deputy Mark Johns did not issue a statement but says he agrees with everything Swartz said in his statement. The Oklahoma County District Attorney's office is reviewing the judge's orders to determine its next steps. 

There is a Senate Bill that amends the state law to allow for longer competency restoration treatment, but it does not go into effect until November. In the meantime, there are other murder cases similar to Planks. 

Daniel Green was accused of murdering four of his family members over a decade ago. He spent time at the state hospital and was found incompetent to stand trial in 2016, and the murder charges were dismissed. Green was recharged in 2022. Again, those charges were dropped a year later, and he was civilly committed. Once again, Green was charged in 2024, and a judge dismissed the charges only months ago. Green remains under a civil commitment.

Another case, dating back to 1984, involves John Washington, who is accused of rape and murder. He was found incompetent to stand trial, and the charges were dismissed. Washington spent years at the state hospital in Vinita and at Griffin Memorial Hospital in Norman. The Oklahoma County District Attorney recharged Washington in 2023, and he has remained in custody at the Oklahoma County Detention Center. There was a motion filed last month to dismiss the charges. Washington is expected in court on September 15.