District Attorney Tommy Humphries has filed a formal appeal of a judge’s ruling to not move forward with a felony case against former Kingfisher High School football coach Jeff Myers.

Associate District Judge Allison Lafferty ruled June 27 that the state had not met its burden of proof during the preliminary hearing of his case.

Myers was charged with a felony count of child neglect last October by then-District Attorney Mike Fields, who retired at the end of 2023.

Humphries was named his successor.

The charge against Myers came after an investigation by the Oklahoma State Bureau of Investigation, which was initially spurred by allegations made by Mason Mecklenburg in a civil lawsuit against the coach, three other coaches and the Kingfisher school district.

When the charge was filed, Myers was put on administrative leave at KHS.

In a settlement of the civil lawsuit later in the year, KPS agreed to not allow Myers to coach for the district again.

Mecklenburg was one of four people - three of whom were former football players under Myers - to testify at the preliminary hearing at Kingfisher County District Court.

According to court records, Lafferty ruled “the evidence is insufficient to find probable cause that child neglect occurred because the state failed to prove the act was malicious and/or willful.”

Once Lafferty announced her ruling, Assistant District Attorney Jimmy Bunn announced the state’s intention to appeal.

District Judge Paul Woodward assigned District Judge Tom Newby of Garfield County to hear the appeal.

The appeal hearing was originally set for Friday, July 19, at Kingfisher County District Court.

However, Humphries filed a motion for continuance on Tuesday, seeking more time to prepare for the hearing.

According to that motion, the transcripts/record of the preliminary hearing are not going to be made available to the state or the defense until July 15.

The motion stated the state had consulted with Myers’ attorney, Joe White, who said he did not object to a continuance.

That motion had not been ruled upon by press time.

State law requires Newby to decide the state’s appeal based on a review of the transcript at the preliminary hearing, supplemented by written arguments submitted by either or both parties.

The judge may also ask questions or request additional arguments at the appeal hearing itself.

Ultimately, Newby will decide whether the testimony and other evidence presented at the preliminary hearing, when viewed in the light most favorable to the state, is sufficient to find that a felony crime has been committed and that Myers probably committed the crime.