Attorneys for Jeff Myers on Monday filed a motion to quash the state’s information in the case in which he’s been charged with felony child neglect.

The motion was filed two days before Myers appeared before District Judge Paul Woodward at Kingfisher County District Court for his formal arraignment.

The judge ordered Myers to reappear at 9:30 a.m. Wednesday, Nov. 6, for a bond appearance and gave Assistant District Attorney Jimmy Bunn until Oct. 29 to file the state’s response to the motion to quash.

That’s the latest in a back-and-forth case that saw Myers originally charged on Oct. 17, 2023.

The charge was handed down by Mike Fields, who was district attorney at the time, and came after an investigation that was conducted by the Oklahoma State Bureau of Investigation.

The investigation was prompted by a civil suit filed against Kingfisher Public School, Myers, who was the head football coach for the school district, and three other current or former assistant coaches.

That lawsuit was filed by Mason Mecklenburg, who alleged a culture of hazing and abuse within the football program during his time as a player from 2017-20.

The district settled with Mecklenburg for $5 million late last year. Part of that settlement agreement was that Myers, who was placed on administrative leave when the felony charge was handed down, could never coach for KPS again.

The case took a turn in Myers’ favor on June 27 when Associate District Judge Allison Lafferty ruled there was insufficient evidence to find probable cause that Myers committed the crime for which he’d been charged.

The state appealed and Lafferty’s decision was reversed by District Judge Tom Newby on July 31 and Myers was bound over on the allegation.

The motion to quash was prepared and filed by Kate White, who has been serving as Myers’ counsel along with her husband Joe White.

In the brief, White argued the state’s information should be quashed because the state didn’t meet the burden of proof that a crime was committed and/or that Myers willfully and/or maliciously committed child neglect.

White’s brief mentions three of those who testified at the preliminary hearing: Declan Haub, Keaton Abercrombie and Mecklenburg.

She wrote that Mecklenburg’s testimony differed from that of the other two and that he “was the only witness the State called at the preliminary hearing to testify that had any purported complaint. One witness out of hundreds of potential witnesses.”

The motion also brought up Newby’s decision to overturn Lafferty’s ruling.

“After weighing testimony and evidence that was presented live in her courtroom, Judge Lafferty made a finding that the State did not meet its burden to bind over Coach Myers on child neglect. On appeal, Judge Newby did not make any findings that supported the decision that the State had, in fact, met its burden. However, curiously, without any specific findings, he ordered Judge Lafferty to amend her Order and bind over Coach Myers.”

When Myers returned for the hearing at which Lafferty complied with the order to reverse her ruling, Joe White was quoted as saying: “I don’t know why we are here, but there was no ruling. He (Judge Newby) just said, ‘I find there is evidence.’ But here we are.”

Near the end of her brief, Kate White wrote: “Mr. White’s question remains. A crime was not committed. Coach Myers does not have the requisite intent to commit the crime of child neglect. The State can never meet its burden with this set of facts. This case is a waste of taxpayer money and should be dismissed.

“Let the community heal.”

Once the state files its response, Myers’ attorneys will have the opportunity to file a reply.

Woodward will decide the fate of the motion next month.