TULSA, Okla. — The trial for Elliott Binney, the Bixby father accused of leaving the scene of a crash that killed his daughter, did not happen as scheduled.
Binney appeared in court with family members. He faces multiple charges, including leaving the scene of a fatal accident, manslaughter, and child neglect.
The case was scheduled for trial last year, but his attorney told the judge in court that they continue to work toward a deal to avoid trial.
In 2024, prosecutors say Binney rolled his SUV near 171st and Memorial and then took off from the scene. He was found hours later in a different car, in Checotah, and arrested.
His daughter, Shelby, 16, died in the accident. Other family members were injured but survived.
According to the arrest affidavit, Binney told police he had taken a “gulp” of vodka while driving. He was also passing cars in a no-passing zone.
In addition to a potential plea deal, Tulsa County District Attorney Steve Kunzweiler is seeking to have Judge Sharon Holmes disqualify herself from the case.
According to documents, he has already asked her privately to do so (in camera), which she declined, believing the state has a “personal agenda against her.
The request now goes to District Judge David Guten.
Kunzweiler listed a number of cases where he calls Holmes’ conduct into question.
In one instance, he says Holmes asked a defendant, a construction worker, for his contact information to potentially work on her home.
He says Holmes allowed another defendant, a cook, to bring her lunch to work.
Kunzweiler also cites a instances of her communicating with jurors without counsel present.
He wrote that the circumstances are “of grave concern to the State of Oklahoma.”
Kunzweiler wrote that if his request is denied, he will pursue the appeals court.
Since these particular instances do not directly address the Binney case, 2 News reached out to Kunzweiler’s office to ask how many criminal cases he is seeking to transfer from Holmes. We did not receive an answer to that question, but sources indicate there are many of them and that they often occur shortly before trials are scheduled to begin.
Binney’s case has been moved to February 20.
Stay in touch with us anytime, anywhere --
- 2 News Oklahoma on your schedule | Download on your TV, watch for free. How to watch on your streaming device
- Download our free app for Apple, Android and Kindle devices.
- Like us on Facebook
- Follow us on Instagram
- Watch LIVE 24/7 on YouTube
