Sh*t Happened At Shots Happens

A criminal matter has led to a suspension of two years and a day by the Oklahoma Supreme Court

On May 21, 2022, Wiehl was involved in a physical altercation at Shot Happens, a bar in Tulsa, Oklahoma. Wiehl began the night at another bar, Market Pub, where he consumed alcohol to excess. He has no memory of how he arrived at Shot Happens. Once there, a patron at Shot Happens observed Wiehl “superman punch” a female, jumping off the floor while he punched the woman. Multiple patrons had to wrestle Wiehl to the ground to restrain him. Wiehl hit and punched one patron, an off-duty EMSA employee, as the patron attempted to subdue him. About 15 minutes later, Wiehl appeared calm, and the patron stopped restraining him. Wiehl stood up, grabbed an industrial-sized bar chair, and threw it at a crowd of people. Several patrons then removed Wiehl from the bar and sat him on a bench outside. A patron called 911 to report the incident. Wiehl then stood up from the bench and hit a woman on the back of her head. The off-duty EMSA employee again took Wiehl to the ground to restrain him, while Wiehl repeatedly hit him. Wiehl also continually stated that he had a knife. Another patron sat on top of Wiehl to restrain him until the police arrived.

At around 1:00 a.m., several Tulsa police officers arrived at the scene. As the officers attempted to restrain and handcuff him, Wiehl hit, bit, head-butted, and spit on the officers and repeatedly threatened to kill them. The officers found Wiehl’s OBA membership card inside his wallet, and Wiehl confirmed he was an attorney. They did not find a knife on Wiehl’s person. EMSA also responded to the scene. Wiehl made derogatory and abusive statements to the officers and EMSA personnel and about the Tulsa District Attorney.

Patrons at Shot Happens suspected that Wiehl had used PCP or some other similar substance due to Wiehl’s behavior. Multiple patrons at Shot Happens reported that Wiehl tried to convince them to take PCP with him. Due to the suspected drug use, EMSA transported Wiehl to St. Francis Hospital.

Upon arrival at the hospital at 2:30 a.m., five police officers and hospital staff had to aid in transferring Wiehl to the hospital bed because of his combativeness. The officers and two hospital security guards placed Wiehl in physical restraints and then had to hold his head, shoulders, arms, hands, legs, and feet in place to allow the hospital staff to safely treat him. They also secured a spit hood around Wiehl’s head.

The hospital staff gave Wiehl a dose of sedatives. However, Wiehl continued to be verbally abusive and combative, attempting to headbutt, bite, and push off the officers and security guards restraining him. Wiehl then bit through the material of his spit hood and spit bloody phlegm into the mouth of one of the hospital security guards. Wiehl threatened the security guard by stating that he was going to rip his skull out of his head and shove it down his throat. Wiehl also made racially derogatory statements to the security guard. As a result of this interaction, the security guard had to be tested for communicable diseases. The test results were negative.

The hospital staff gave Wiehl a second dose of sedatives. He continued to be combative, and the staff had to restrain him. Wiehl also threatened to sue the hospital staff and officers. The hospital staff gave Wiehl a third dose of sedatives and held him for observation. At approximately 7:00 a.m., the hospital discharged Wiehl into police custody, and the police officers transported Wiehl to the Tulsa County jail.

Wiehl had taken several medications before going to the bar that night. Wiehl had a prescription for Lexapro for depression, Wellbutrin for depression, Xanax for anxiety, and Vyvanse for ADHD. He also had a license to take medical marijuana for post-traumatic stress disorder (PTSD). He had taken all of his prescribed medications except Lexapro and had smoked marijuana. The hospital staff collected a urine sample from Wiehl at some point prior to his discharge. The test showed that Wiehl’s blood alcohol level was 0.26. He also tested positive for marijuana. The urine test did not test for PCP.

On May 26, 2022, the Tulsa County District Attorney charged Wiehl with 15 criminal counts–three felonies and 12 misdemeanors. Local media, social media, and a national legal blog reported on Wiehl’s conduct that led to his arrest and criminal charges.

On October 18, 2022, Wiehl entered a plea of no contest to all 15 criminal counts, and the district court placed him on an unsupervised deferred sentence for three years, until October 13, 2025. If he does not violate the conditions of his deferred sentence, Wiehl will be discharged without a court judgment of guilt, his plea expunged, and the charges dismissed. The district court also assessed fines and costs, which the court reduced by fifty percent.

Mitigation

Wiehl was previously diagnosed with PTSD and other mental health disorders. Wiehl was an active volunteer with the American Red Cross during college. During his senior year at college, he volunteered in West Virginia after the state suffered significant losses from tornadoes. Wiehl experienced more depression and anxiety after he returned from his volunteer trip. He finished his senior year, graduated, and moved back to his parent’s home in New York. Wiehl then sought therapy for his heightened depression and anxiety. His therapist diagnosed Wiehl with PTSD due to the trauma of witnessing the destruction and loss of life from the tornadoes.

The incident at issue triggered Wiehl’s PTSD, and he moved back to New York in early 2023 to obtain additional support from his family. He is currently seeking therapy for his PTSD in New York. Wiehl’s therapist changed the combination of his medications for his depression, anxiety, and ADHD. The change in medication has had a positive effect on him. Wiehl is attending AA meetings in New York with his stepdad, who has been sober since 1979.

Wiehl obtained a clerical position at a law firm in New York. His duties involve only client intake. Wiehl has not engaged in the unauthorized practice of law.

In March 2023, Wiehl testified at the hearing in front of the Trial Panel that he had not consumed alcohol since the night of the incident. Wiehl did not believe he was an alcoholic prior to the incident at issue but admitted that he had a dysfunctional and unhealthy relationship with alcohol. He acknowledged his previous thoughts about alcohol were childish, and he accepted responsibility for what occurred due to drinking alcohol to excess and placing himself in a position for the incident to occur. Wiehl maintained he did not voluntarily take PCP the night of the incident. There was no evidence presented to the Trial Panel to confirm whether Wiehl used PCP voluntarily or involuntarily the night of the incident.

After the hearing in front of the Trial Panel, Wiehl signed a contract with LHL. He also obtained a drug assessment. The assessment was conducted during two visits (April 5, 2023, and April 11, 2023) and concluded that Wiehl had “Alcohol Use Disorder, Mild, in Early Remission.” According to the specialist, Wiehl has been in sustained remission since the anniversary of his arrest. The specialist recommended that Wiehl remain engaged in community self-help meetings to support his ongoing recovery efforts.

(Mike Frisch)