Deputy’s killer was ready for shootout with multiple weapons

Last Updated on September 1, 2022, 8:35 AM | Published: August 31, 2022

OKLAHOMA CITY (Free Press) — Court documents now suggest Benjamin Plank made considerable preparations for a shootout that resulted in the death of an Oklahoma County Deputy and seriously wounding another.

The arrest affidavit, search warrant, and subsequent list of “evidence seized” provide more details about the alleged level of preparation Plank had gone to before he exchanged gunfire with deputies on August 22 resulting in the death of Oklahoma County Sheriff’s Office (OCSO) Deputy Sgt. Bobby Swartz.

Two Okla County Sheriff’s Deputies shot serving eviction notice

Plank was then arrested after a long car chase across the south side and into Midwest City ended at the Air Depot gate at Tinker AFB.

Later that evening he was booked on complaints of:

• Murder in the first degree – one count
• Shooting with intent to kill – one count
• Assault and battery with dangerous weapon – one count
• Use of a vehicle in discharge of a weapon – one count

Signs of prep

More details of Plank’s preparation are revealed in the log of items found as a result of the search by Oklahoma City Police detectives of the residence where Plank lived with his mother.

The inventory of what was obtained from the search of the home are listed in the “evidence seized” list among the documents:

1. Thirty-Eight (38) .223 spent rifle casings
2. Six (6) 9mm spent pistol casings
3. Three (3) .45 spent pistol casings
4. Swabs for DNA
5. One Glock 17 pistol
6. One Heritage brand AR-15 rifle
7. One Ruger .556 bolt action rifle
8. One Winchester .22 rifle
9. One .410 shotgun
10. Four (4) beer / soda cans with gasoline
11. Five (5) cellphones

In addition, officers seized an AR-15-style rifle from Plank that he had in his hand as he exited his truck at the end of the chase.

What happened

Some statements made initially only hours after the incident by law enforcement spokespersons have now been clarified by the narratives in the court filings.

The arrest affidavit shows that three deputies arrived at the home at 2221 S.W. 78th to serve an eviction notice on Plank who was living with his mother. She had filed for a victim protective order (VPO) at an earlier date but OCSO does not believe the deputies knew about it.

Early reports from spokespersons of OKCPD and OCSO only referred to two deputies. But, the presence of a third deputy’s identity was finally revealed to the public in the course of Swartz’s funeral, August 26.

OCSO has now identified the three as:

• Deputy Sgt. Bobby Swartz
• Deputy Mark Johns
• Deputy Melody Norton

The affidavit narrative is consistent with what spokespersons from the OCSO and the Oklahoma City Police Department (OKCPD) gave except that it clarifies how the third deputy on the team was involved.

Some broadcast news reports mentioned early that one or more of the deputies had taken fire from the garage of the home, which is now stated in the court documents. But, when Free Press asked about that at a news conference, Sheriff Tommie Johnson would not confirm it at that time and so we did not report it.

The original probable cause affidavit synopsis of the incident says that when the deputies arrived, Plank “refused to come out” of the home. “Two deputies went to the back of the residence to attempt to enter through a back door and make contact with DEF [defendant] Plank. A third Oklahoma County Deputy was in the front of the residence.”

The narrative states that when Swartz and Johns went to the backyard to try and gain entry “they were met with gun fire from inside the residence,” resulting in Swartz being hit.

Plank then “went to the garage area where he opened fire on the female deputy in the front yard. He fired at but did not hit her,” the arrest affidavit states.

“The DEF then exited the front door and went to the east side of the residence where he met with the second deputy that had been in the backyard,” the arrest document states. “Gunfire was exchanged and the second deputy was hit and seriously injured in that exchange.”

Plank then fled the property in his pickup with a boat in tow exchanging fire with OKCPD officers, some stationary and some who were a part of the chase said OKCPD Chief Wade Gourley at a news conference later the same day.

On Wednesday, August 31, Criminal Felony Initial Filing was made by the DA’s office. Oklahoma County District Judge K. Nikki Kirkpatrick has been assigned to the case.

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