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OKLAHOMA CITY (KFOR) – The Oklahoma County District Attorney is trying to put a stop to an unprecedented court ruling. Earlier this summer — for the first time ever in Oklahoma County — a judge granted a motion to quash for insufficient evidence hearing for a misdemeanor case.

The hearing is for popular Ebenezer Baptist Church Pastor Derrick Scobey, who was arrested last November for standing in the street outside of the governor’s mansion to protest the scheduled execution of Julius Jones.   

As of now, the motion to quash hearing is set for August 18, but Scobey’s attorney, Joe White, said the district attorney’s petition filed on Wednesday could delay it.

“I find it disheartening that all of these resources from the State of Oklahoma are being spent on this particular individual, Derrick Scobey,” White said.

Scobey is facing misdemeanor charges of obstructing a roadway and refusing to comply with a lawful order.

In June, Oklahoma County District Judge Perry Hudson granted Scobey a motion to quash hearing, which White said could allow the charges to be dropped.

“Stomp on it, stop it, put an end to it,” he explained.

But Wednesday, Oklahoma County District Attorney David Prater, on behalf of the State, requested that the Court of Criminal Appeals of the State of Oklahoma grant an emergency stay of the hearing and prohibit it from happening at all.

The state argues that motion to quash for insufficient evidence hearings are only allowed for felony cases and not for misdemeanors.

White theorized why the DA filed the petition.

“I will tell you my thinking is that they want to not have the burden of presenting evidence, what they believe to be in a premature fashion on a misdemeanor case,” he said. “Typically, misdemeanor cases are not afforded probable cause hearings.”

White said he anticipates that the state’s request will be denied. He explained further that if the motion to quash hearing proceeds, Scobey will either have his charges dropped or he’ll eventually end up in a jury trial.

KFOR reached out to the DA’s office for comment on their emergency stay and writ of prohibition request, and are waiting to hear back.