OKLAHOMA CITY (KFOR) – Prominent Oklahoma City pastor, Derrick Scobey, who was arrested during an anti-death penalty protest last fall, was back in the courtroom Friday morning.

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Derrick Scobey

Scobey was arrested for standing in the street, in what he described as an act of “civil disobedience” in support of Julius Jones, who was scheduled to be executed in November 2021. The Ebenezer Baptist Church Pastor is charged with obstructing an officer and failure to disperse, both misdemeanors.

Inside the courtroom Friday, Scobey’s attorney, Joe White, fought for what’s called a “motion to quash.” More simply put, to have a hearing to end the charges.

“Quash it, step on it, end it,” said White. “We argued whether legally we can have such a hearing… It’s pretty simple. We’re saying there is not a sufficient factual basis within which to continue prosecuting Derrick Scobey.”

Typically, this type of hearing only applies to felony cases, which was the state’s main argument on Friday.

“Typically, in a misdemeanor case, you don’t have what’s called a probable cause hearing,” said White. “However, there’s two cases from the Court of Criminal Appeals that say otherwise.”

However, ultimately, for the first time in Oklahoma County, the motion was granted for a misdemeanor trial.

“I want to say congratulations [to Joe White] on this unprecedented ruling that took place today,” said Scobey.

Scobey will be back in court again on Aug. 18 for a hearing to decide on the motion to quash. It starts at 1:30 p.m.