Motion Filed to Reevaluate Competency of Death Row Inmate
Attorney General Gentner Drummond has filed a motion in Comanche County district court to reevaluate the competency of Ricky Ray Malone, who was found guilty of first-degree murder and sentenced to death for the 2003 execution-style shooting death of Oklahoma Highway Patrol trooper Nik Green. Rep. Trey Caldwell, R-Lawton, worked with Green's family to better understand why Malone wasn't being scheduled since the state restarted executions in 2022. It has been more than 20 years since Oklahoma Highway Patrol trooper Nik Green was fatally shot after he stopped to check on a vehicle parked on the side of the road in Cotton County. His family is unfortunately still waiting for justice to be served in the case, two decades later. "Trooper Green's family has waited long enough to see justice served," said Caldwell. "This public servant was brutally murdered on the side of the road in the line of duty, was convicted of a jury of his peers, and should face the penalty set for him decades ago." In 2017, it was determined Malone was not mentally competent for execution and he was moved off death row in McAlester to the corrections facility in Vinita. He will now be reevaluated to determine if he is now competent to be put to death. "The family of Trooper Green has waited more than 20 agonizing years for justice to be served," said Drummond. "It is a travesty that justice remains elusive. My office will work next legislative session to ensure death row inmates cannot escape execution without concerted efforts at the Oklahoma Forensic Center for competency to be restored. In the meantime, we are requesting that Trooper Green's murderer be reevaluated by a new expert so that the State can proceed with his execution." Caldwell, along with other Lawton-area Reps. Daniel Pae, Brad Boles, Toni Hasenbeck, Rande Worthen, Stacy Adams and Jonathan Wilk, R-Goldsby, thanked Drummond for his swift action. "We completely support AG Drummond's endeavor to request a reevaluation and urge him to use the full weight of his office to make sure justice is carried out in this case," said Caldwell. "This family deserves closure." Caldwell and Worthen, R-Lawton, are also working with Drummond on legislation for the 2025 legislative session to put concrete timelines and requirements on competency reevaluations and add requirements on competency reevaluation services as a result of this case. "Families should not have to wonder about the status of a convicted murderer on death row," said Caldwell. "We want to make sure if someone is deemed incompetent to be executed that they are reevaluated on a recurring basis and the state is doing all it can to restore competency when possible so justice can be done."