Pott. County Judge throws out VPO case against 9-year-old after OK attorney calls her out

SHAWNEE, Okla. (KFOR) — An Oklahoma attorney is calling out a Pottawatomie County Judge for several alleged unlawful discrepancies following her order to serve a 9-year-old boy a Victim Protective Order (VPO) for allegedly stalking and harassing another classmate.

He was served papers by Pottawatomie County Sheriff deputies while at Horace Mann Elementary School back in March, but just this last week, Pottawatomie County Judge Tracy McDaniel threw out the case. It was only after the boy’s family attorney says she hand-delivered her a file requesting to dismiss and seal the case.

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The 9-year-old’s lawyer told KFOR she found many problems with the way Judge McDaniel handled the situation. She says she took on the family’s case for free knowing Oklahoma State law says in order to obtain a VPO, you have to be 13 years old or older.

“Judge McDaniel knew that this child was a minor under the age of 13. Someone who is on the bench should know the law,” said Joi Miskel, Shawnee 9-year-old’s attorney.

Attorney Joi Miskel is shocked after learning Judge Tracy McDaniel not only signed off on a protective order against a fourth grader, but also failed to seal the case that involved two minors.

In Judge McDaniel’s motion to seal order she noted, “The Defendant must be over the age of 13 for an order based on stalking.”

“It’s confounding… Judges are not above the law, and they need to know the law probably better than anyone else. We are held to a higher standard under the code of ethics in Oklahoma… The facts supporting this case didn’t even support stalking or harassment,” said Miskel.

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The evidence she’s talking about comes from court documents which include handwritten reports by the mother of the girl in the boy’s class which pointed to several instances where she believed he was harassing and stalking her daughter.

“I’m a mother that is going to move heaven or earth to say stop your violence against my child,” said Elsy Goggin, mother of the girl who is allegedly being bullied.

However, the boy’s family told KFOR he’s hyperactive, but not a bully.

“I’ve seen her at the store, and she always runs after him playing. And he tries to hide because, you know, he’s nine… I’m not sure why he’s getting in (legal) trouble for just being a child,” said Lavonne McCoy, grandmother of 9-year-old boy who is accused of bullying.

“Obviously, there’s a lot of speculation as to, well, is this child a bully? Why was he doing this? All I can tell you is that the allegations that are in this petition refer to my client saying a couple of cuss words. There was nothing threatening in his behavior,” said Miskel.

Miskel adds if a minor is involved in a legal matter, the guardian or parent should have been served, not the child.

“And to go back to the fact that this child was served a protective order by a sheriff’s deputy at his elementary school. It is outrageous. That should never have happened under the law in Oklahoma,” said Miskel.

The family’s attorney also points to the fact that Judge McDaniel went as far as scheduling a hearing.

“By granting a hearing… She’s giving it validity,” said Miskel.

To make matters worse Miskel says the family has been receiving death threats and hateful messages through phone calls, emails, on the internet, and even in person. She believes this would have never happened if the case was sealed in the first place.

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“It was a public record, meaning anyone can access those documents. And they did. And they’re (the documents) all over the Internet. Unfortunately, this family has been harassed and had threats made against them, including against the minor child, my client, he’s nine-year-old. This is ridiculous,” said Miskel.

KFOR reached out to the parents who asked for the VPO but did not hear back.

KFOR also requested a comment from Judge McDaniel weeks ago and again on Wednesday, but we are still waiting.

Shawnee Public School District sent KFOR the following statement:

“Our number-one priority at Shawnee Public Schools is student and staff safety. We will always work with families to ensure the highest safety standards and protocols are followed. I encourage our students’ families to contact their school or district administrators with any questions or concerns related to safety. Out of respect for student privacy, I cannot share more information.”

The 9-year-old’s family told KFOR on Wednesday that they have been told by the school district their son cannot return to class this year.

The district sent the following message in response:

“Student privacy laws prevent me from answering your question. What I can say is that we honor and fully support a parent’s choice of the best educational option for their child. That choice can include different pathways such as traditional or virtual school.” 

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