Charges dismissed for man accused of 2022 deadly shooting of deputy
By Dacoda Wahpekeche
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OKLAHOMA CITY (KOCO) — Charges have been dismissed for a man accused of shooting and killing an Oklahoma County deputy serving an eviction notice in 2022.
Benjamin Plank was accused of ambushing, shooting and killing Sgt. Bobby Swartz while deputies were serving an eviction notice on Aug. 22, 2022, at a southwest Oklahoma City home. Plank was charged with first-degree murder, multiple counts of shooting with intent to kill and using a vehicle to discharge a firearm.
Plank has been through many court proceedings in the years since the shooting, and a judge recently said Plank was incompetent due to a psychosis diagnosis and could not stand trial. There were some concerns in the case surrounding the Oklahoma Department of Mental Health and Substance Abuse and Plank’s access to court-ordered medication.
This week, all of Plank’s charges in connection with the deadly shooting have been dismissed.
Swartz’s family recently spoke with KOCO 5, saying there should be justice.
“My father deserves justice. He deserves better than what he’s gotten out of the system,” Austin Swartz said. “He gave 25 years of his life. Mark (Johns) almost gave his life for the same thing. And for that just to be a shoulder shrug – ‘Hey, we’re not going to hold anybody accountable’ – it’s unacceptable.”
While charges have been dismissed, Plank will remain in the state’s custody at a mental health facility.
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