One man resides in jail and another, though a juvenile, is wanted by Duncan Police after a paralyzed man told police he was held at gunpoint in his own home.
Jose Diaz, Jr., a 20 year old from Duncan, faces charges of kidnapping, burglary in the first degree and possession of a firearm during commission of a felony. Documentation from the Stephens County Courthouse shows both the kidnapping and burglary charges are punishable by up to 20 years in prison, though the kidnapping charge must have 85% of the sentence completed before parole eligibility.
Devin Jacob Shrope, a 15 year old, is wanted on the same charges as Diaz — kidnapping, burglary in the first degree and use of a firearm in commission of a felony. The punishability remains the same for these charges, though youthful offender charges also bring a plan for rehabilitation. The Office of Juvenile Affairs handles youthful offender cases until defendants hit the age of 18 years and five months old. Should the defendant complete their youthful offender sentence successfully, the case will be dismissed and expunged, but if the youthful offender ages out before completing the plan or fails the plan, the court can hold a re-sentence hearing and either change the sentence or sentence the defendant as an adult, according to Oklahoma statutes.
Records obtained from the Stephens County Courthouse showed police were dispatched around 8:10 a.m. Thursday, March 5 to a home where the reporting party told police he was playing video games around 2:15 p.m. the day before when he heard “a pound at the front door and a few seconds later … glass shattering.” The reporting party originally believed it was his animals and when trying to locate what happened, he found Diaz inside his residence, records show.
When the victim came in contact with Diaz, he saw Diaz “holding a handgun” before he pointed it at the victim. At that time, Diaz said, “I won’t kill you if you don’t say nothing (SIC).”
The victim told police Diaz pushed him out of his wheelchair, moved the wheelchair away from him and stood between the victim and the chair.
Reports show Diaz “continued to point the firearm (at the victim) and continued to make threats” until another male called “Gwapo” stood over the victim and pointed a gun at the victim. The victim told police Gwapo was Shrope.
A phone was heard ringing, which the victim told police came from his video game, and Shrope allegedly told the victim “is that a phone I hear, is that the cops, I’m going to blow your head off,” reports state. The victim told police he was frightened for his life.
It was reported to police both Shrope and Diaz went through things in the home but the victim couldn’t see what they were doing because he was “lying on the floor” after being pushed out of his wheelchair, reports state.
The victim told police after about five minutes, the pair left the residence. According to an affidavit, the victim told police he had played dominos with Diaz previously, during which his roommate made several comments about saving up money for a car and believed the two were looking for the cash. The roommate was not at home at the time of the break in, records state.
Police prepared a photo lineup for the victim and he positively identified both Diaz and Shrope. The victim also told police he didn’t call at the time of the crime because he was scared he would be killed for reporting it.
Diaz was later located, placed under arrest and taken to the police department for questioning where he asked to speak with a lawyer. From there, Diaz was booked into the Stephens County Jail.
Shrope remains wanted on a $50,000 felony warrant bond. Bond for Diaz was set at $150,000 and he will return to court for a preliminary hearing conference at 9 a.m. April 5.