Friday.

District Judge Tom Newby overturned a previous decision by Associate District Judge Allison Lafferty.

The latter had ruled after a June 27 hearing that the state didn’t provide sufficient evidence to find probable cause that child neglect had occurred due to the state failing to prove an act was malicious and/ or willful.

Assistant District Attorney Jimmy Bunn through District Attorney Tommy Humphries appealed that ruling, setting up Friday’s hearing before Newby at Kingfisher County District Court.

Newby told the parties that he had received and reviewed the transcript of the preliminary hearing, but had not watched the videos that were shown during the hearing and referenced in the transcript.

Those videos were played for Newby during the hearing.

Shortly after watching, Newby made his ruling.

“There is sufficient evidence at the preliminary hearing to bind the defendant over,” Newby said. “I am directing the magistrate to correct her ruling.”

That proceeding will take place at 9 a.m. Tuesday, Aug. 6, when Myers will again appear before Lafferty.

According to court clerk personnel, the case will be assigned to a new judge.

Myers was charged last October with a count of child neglect by then-District Attorney Mike Fields, who retired in December 2023.

The charge came after an investigation by Oklahoma State Bureau of Investigation.

That investigation was prompted by allegations made by Mason Mecklenburg against Myers, three other coaches and the Kingfi sher school district in a civil suit filed in July 2021.

The district settled that lawsuit last December, awarding Mecklenburg $5 million. Part of the settlement also declared Myers could not coach at KPS again.