'The court is at an absolute loss': Former Garfield County judge's criminal case could see venue change
ENID, Okla. (KFOR) – A former Garfield County judge, facing a trial in connection to a 2023 drive-by shooting at one of his brother-in-law's home, may see his case moved to a different county.
Comanche County District judge Emmitt Tayloe heard multiple arguments in connection to the Brian Lovell case Friday.
The state of Oklahoma alleges that in 2023, Lovell shot at his brother-in-law's home in the town of Bison in Garfield County. Lovell was indicted on those charges in May 2024.
Lovell resigned from the bench in September 2024, citing thyroid cancer and dementia diagnoses.
"Mr. Lovell has been diagnosed by the preeminent psychiatrist in this state as having found a temporal dementia," said Stephen Jones, Lovell's attorney, in a July 21 interview.
Lovell's resignation came one year after allegations from one of his bailiffs at the Garfield County Courthouse that the had sex inside the building. The same year, authorities in Austin, Texas, allege Lovell drove there and got into a road rage shooting.
A hearing Friday, August 8, first focused heavily on the state attorneys' request that Tayloe grant them a motion for a psychiatric evaluation of Lovell, in case he's not mentally competent to stand trial. Jones argued an evaluation had already been done, but the state argued it would like its own evaluation before the trial.
The state also asked a judge to compel medical records and notes pertaining to a previous evaluation, but attorneys claimed they hadn't been turned over. Tayloe granted both of those requests.
A major topic of discussion during Friday's hearing was a motion by Jones to compel Tayloe to enforce a deferred prosecution agreement, he said State Attorney General Gentner Drummond had agreed to in a previous recorded phone call.
"I expect him to honor his agreement," Jones told News 4 in July.
The same month, Drummond sat down for an interview with News 4, alleging Jones misunderstood their conversation.
"We did not reach an agreement," said Drummond.
Jones said in court Friday that there were terms and conditions that Drummond offered his client, but did state that no contract was ever "deduced in writing." Jones said he took Drummond at his word.
In court, state attorneys argued Drummond never asked them to draft an agreement, producing emails from early 2025 that confirm a written agreement was never reached.
Tayloe denied enforcing any deal, saying a deferred prosecution agreement would have needed to be made before criminal charges were filed. Tayloe said the court should have been included in any formal conversations related to the case and any potential deal. State attorneys also added that they wanted to proceed with the proceedings as scheduled.
"I think we have to review the judge's order and discuss it with my colleagues and then we'll have some consensus," said Jones.
Tayloe did point out the unusual nature of state attorneys being at odds with what Jones initially said Drummond told him.
"The court is at an absolute loss for how we got here today," said Tayloe.
Another main topic of conversation was a motion Jones filed for change of venue, noting that Lovell might not get a fair trial in Garfield County due to the high-profile nature of the case. Jones suggested moving the case to one of several counties, including Tayloe's own, Comanche County.
"There are strong feelings against the defendant in this very courtroom," said Jones.
State attorneys presented no argument against the change, with Tayloe saying that while he'll consider the change, he thinks a fair trial in Garfield County is possible. However, Tayloe noted that there might be a lengthier process when it comes to securing a jury pool that wouldn't leave a course of appeal open for Lovell. Tayloe said he hopes to have a decision made on the venue change by 5 p.m. Monday.
News 4 employees were hoping to ask Lovell questions about the case, but cameras are not allowed inside the courthouse. Garfield County deputies told News 4 there was only one entrance and exit tied to the courthouse unless an individual is handicapped. News 4 waited for Lovell to exit the courthouse until the building closed at 4:30 p.m., but never saw him come out. Another courthouse employee told News 4 that Lovell had used the handicap entrance and exit to leave.
News 4 reached out to Drummond's office for comment Friday, but didn't hear back. Tayloe offered a possible reason in court, saying neither Drummond nor Jones needs to be talking about Lovell's case to the general public or media.
"I will not issue a gag order, but I will advise both sides to limit interviews," said Tayloe.