Whether Barry Kirk is prosecuted for assault and battery on Eastern Oklahoma Pride president Haley Earls is now up to the Sequoyah County District Attorney’s Office, following an investigation by Sallisaw Police into a Saturday incident involving protesters and organizers at Sallisaw’s first-ever Pride event.
According to observations and statements gathered in front of Stanley Tubbs Memorial Library, police reports say Kirk was “speaking loudly and openly about his religious views,” when Earls approached Kirk with “a sign expressing her views on Pride.”
While continuing to preach, police reports say, Kirk placed his hand on Earls’ head, which resulted in police being summoned and Earls telling officers, “I want to press assault charges. He grabbed my head aggressively. It didn’t feel great. He might as well have pulled my hair.”
Although Kirk then reportedly apologized to Earls, she wasn’t having any of his remorse.
“It’s not enough. It’s too late. I’m pressing charges,” police say Earls told Kirk. “You will never touch me. You don’t get to put hands on me. Nobody has the right to touch me.”
In her written statement to police, Earls alleges that Kirk “grabbed my head from behind and pulled my hair aggressively.”
Although several individuals at the event were offered witness statement forms by police, only Earls completed and returned one.
Meanwhile, on Monday, Kirk came to the police department to submit his witness statement, in which he stated, “I was at the event at the Stanley Tubbs Library to bring forth a peaceable protest. While I was preaching, a woman ran up to me and got in my face, then turned around and did an ungodly dance. I felt threatened by her actions — being so close to me — and by the demonic spirit that manifested from her. I placed my hand on top of her head and said, ‘In Jesus’ name,’ and she turned around and screamed, ‘Don’t touch me!’” Kirk provided police with names and telephone numbers for three witnesses. One declined to complete a witness statement, and the other two were not reached by telephone.
The police report said that officer body-worn camera footage from Saturday was reviewed in an attempt to determine if the alleged assault was captured, but yielded no evidence.
Officers at the scene were Coty Biles and Dale Chew, as well as investigating officer Jarett Cannon.
‘Hateful rhetoric’
Following the event, Earls recalled what led up to her encounter with Kirk.
“He started saying hateful rhetoric, so I stood in front of him,” Earls said on Monday. According to Earls, the man slammed his hand into her head, grabbed her by the hair and seemed to be exorcising her.
Despite this, Earls said the man was not arrested and she admitted that she did not feel safe.
“I asked them (Sallisaw police) if they could have him leave, and they said no,” Earls said. “When I asked for an incident report, an officer rolled their eyes and asked if they had to, and couldn’t we move on.”
Sallisaw Police Chief Terry Franklin confirmed Tuesday that no one was arrested at the event, but the officer who took the initial report was gathering witness statements, which delayed release of the report.
Another reported incident happened at a Free Palestine tent where a different man approached and asked the people running it whether or not they were in the United States legally.
The individuals said being annoyed by the question, they asked the man to leave, but then he allegedly showed a holstered gun at his side. While he never took the gun out or unbuckled the holster, the individuals reported that they also felt unsafe.
Police reportedly led the man away from the tent, where he found his way to the “free mom hugs” tent, where he was able to calm down with words and a hug.
