Inmate brawl leaves one injured and on the run

February 9, 2024 | Courts

NEWKIRK — A fight involving three Kay County Detention Center inmates left one injured and now wanted on a warrant, another awaiting a court date, and the other sentenced to life in prison.

Jesse Seth Diaz, 32, Ponca City, and Brandon Dean Ebert, 39, are accused of assaulting Dustin Monrow Nichols, 28, Ponca City, in the jail on Jan. 22.

Jail staff reports that video shows Ebert striking Nichols in the face. Afterwards the pair begin to wrestle on the second tier for a few minutes before stopping at the top of the staircase.

Officials report that Diaz is then seen making his way to the area. He reportedly punched Nichols in the face and slammed him into the wall.

Staff reports that the violence ended with Nichols left leaning on the rail. Nichols was reportedly treated by jail medical staff before being transported to the hospital in Ponca City with part of his left ear reportedly missing. Once at the hospital, medical staff reported that Nichols suffered a broken jaw and needed to be transferred to another hospital for treatment.

Diaz was charged on July 18, 2023 with conspiracy and possession of a stolen vehicle. He was convicted of the offenses on Sept. 11, 2023 and sentencing was pending the outcome of Anna McBride Court. On Oct. 31, he was charged with possession of a firearm after a felony conviction and traffic charges. He was released on bond but then failed to appear. He was jailed in November. On Jan. 29 he was charged with aggravated assault and battery in connection to the assault on Nichols. Bond is set at $150,000 and a plea docket is set for March 4.

Ebert was arrested on drug charges in 2023 and later charged with aggravated assault and battery in connection to the assault on Nichols. On Feb. 5, he entered no contest pleas to the drug charges, the assault charge, a firearms charge filed in 2019; a drug trafficking charges filed in 2021; DUI drugs filed in 2021, and a breaking and entering charge filed in 2022. He was sentenced to life in prison with all but 35 years suspended.

Nichols was charged on Oct. 25, 2023 with unauthorized use of a vehicle and driving with a suspended license. A plea docket in that case is set for Feb. 26.

On Jan. 17 he was charged with vehicle larceny, concealing stolen property and driving without a license. On Jan. 31 a third case was filed against Nichols in which he is charged with larceny of an automobile and concealing stolen property.

Nichols was granted a medical release and ordered to turn himself in by Jan. 16. He failed to do so and a warrant is issued with bond set at $100,000.