A Sallisaw man who pled not guilty to charges of falsely personating another to create liability and obstructing an officer following a Roland traffic stop last month, has now been sentenced in Sequoyah County District Court.
Devin R. Kutil, 31, was formally charged on March 5 and received a $100,000 bond. Kutil was handed a 10year sentence on the falsely personation charge and given one year on the obstruction charge, according to court re- cords.
Roland Police Officer Coby Phelps said on the evening of Feb. 22, he attempted a traffic stop on a Chevrolet Malibu that was traveling south on Paw Paw Road. The driver stopped on the westbound on ramp of I-40, and was identified as Lisa Garvin, 53. Garvin’s passenger, Kutil, reportedly identified himself as Darin Schmidt.
Phelps took their documentation back to his patrol unit, and as he was waiting on a return of the license plate, Oklahoma Highway Patrol Trooper Devin Harriman told the officer Kutil had fled on foot into a wooded area. The officer and trooper then ran into the woodline in an attempt to locate the male passenger.
As they drew their service pistols walking into the woods, Phelps reported heard the man running in front of him and then in a different direction. He then heard the trooper tell the suspect to “get on the ground,” and the man complied.
As the authorities tried to take him into custody, the man refused to put his hands behind his back, forcing the trooper to knee strike him twice in the side, which allowed them to take him into custody.
The trooper was then able to determine that “Schmidt” was actually Kutil. During a search of his person, the officer reported finding a pocket knife in one of his pockets, according to the probable cause affidavit filed in the case.
While en route to the Roland Police Department, Kutil admitted to the officer that Schmidt was a friend of his. Dispatch also informed the officer that Kutil had two outstanding warrants in Sequoyah County.