Judge gave rapist probation after cutting off victim’s attorney

SULPHUR — A judge said the “only reason” he sentenced a child rapist to just probation was he had been assured the victim and her family agreed to the deal.

“And there’s a lot of good reasons why they would do that,” District Judge Wallace Coppedge said at the Jan. 19 hearing for Benjamin Lawrence Petty

However, a transcript of the hearing shows the judge actually cut off an explanation from the victim’s attorney about how the victim and her parents felt.

The transcript — obtained by The Oklahoman on Friday — provides new insights into the deal that has touched off a nationwide furor and forced the prosecutor to resign.

Petty, 36, of Spencer, pleaded guilty to raping and sodomizing a 13-year-old girl at a Baptist church camp in 2016. He was a cook at Falls Creek church camp at the time.

In exchange for the guilty plea, the prosecutor agreed to a punishment of 15 years on probation. Assistant District Attorney David Pyle told The Oklahoman Monday that Petty is “legally blind” and that was a major factor in his decision not to insist on prison time.

The judge could have rejected the deal and let Petty have a jury trial instead. But the judge did not, after asking an attorney for the victim if she and her

parents “are comfortable with the plea.”

The attorney, Bruce Robertson, replied, “Well, they were comfortable with the plea based upon the assertions that have been made that Mr. Petty would, in fact, plead guilty to the three felonies and admit that he had committed ...”

The judge interrupted the attorney, asking, “Well, they are or they’re not. Are they?”

“I’m sorry?” Robertson said.

“They either are or are not,” the judge said.

“Yes, your honor,” Robertson said.

“They are?” the judge said.

“Yes,” Robertson said. The judge did ask the attorney if he had anything

else “you want me to know before I announce my sentence.” The attorney said, “No, your honor.”

Robertson told The Oklahoman on Wednesday “the family consented to the plea agreement based on the representation by Mr. Pyle that Petty would not serve meaningful time in prison due to his medical conditions. The family was not provided any other alternative.”

He did not tell the judge that in court and it is not known if that would have made a difference to the judge. Coppedge declined Monday to talk to The Oklahoman about his decision.

Pyle abruptly resigned Wednesday and his boss, District Attorney Craig Ladd, said he strongly disagreed with the lenient manner in which the case was prosecuted.