Swafford charge dismissed
Shooting happened during family dispute
By Bobbi Mlynar
Originally published 09:10 a.m., December 15, 2008
Updated 10:31 a.m., December 15, 2008
An attempted intentional second-degree murder charge against Dwight L. Swafford, 55, were dismissed this morning in Lyon County District Court. Juror selection in the case had been scheduled for this morning, with the trial to begin after the jury was seated.
Swafford was accused in the shooting of his companion’s 29-year-old son, William M. Calvert, during an altercation in June at the home of Swafford and the victim’s mother, Denise Calvert, at 2507 Lincoln St.
Calvert was injured seriously in the shooting, which occurred after he allegedly threatened to break into the home and was let in by his mother. Testimony during Swafford’s preliminary hearing stated that Calvert had gone to the home, hoping for a fight, and had begun arguing with Swafford. The argument carried from the dining room to a bedroom. During the altercation, Denise Calvert, who suffers from a debilitating chronic condition, was knocked to the floor. Swafford shot William Calvert shortly afterwards.
Swafford has been represented by defense attorneys Frederick L. Meier II and Bryan Williams.
Meier said that he and Williams had been ready for the trial.
“We couldn’t wait to prove that our client acted properly, he acted in self-defense,” Meier said. “He had no other options. We wanted the public to know that.”
Meier said he was in his office reading medical reports on Sunday when Lyon County Attorney Marc Goodman called at about 4:15 p.m. to say that charges would be dismissed.
“I did not expect it,” Meier said, adding that Assistant County Attorney Amy Aranda also had called Williams to notify him of the change.
“So they made sure that we knew, and they had already contacted the court to let Judge Fowler know as well,” Meier said.
Goodman could not be reached for comment before press time.
This story will be updated as information becomes available.
Happiness08 (anonymous) says...
Good God! Is this for real! They charged somebody with murder and then dropped the charge??? I'd like to know who is was that filed the charge before the case was even investigated. If this is how our local law enforcement works then I'M SCARED!
December 15, 2008 at 11:47 a.m. ( permalink | suggest removal )
93shocarguy (anonymous) says...
Good God Happiness, pull your head out ! ! ! This case was investigated and apparently they found that there was not enough evidence to go to trial. I'm sure Mr. Swafford has suffered enough through this ordeal and I'm glad it's over and went in his favor. I believe justice was served in this case. The man was defending HIS home, that's a constitutional right.
December 15, 2008 at 12:03 p.m. ( permalink | suggest removal )
supernanny (anonymous) says...
Merry Christmas Dwight and Denise! We are so happy for you both!
December 15, 2008 at 1:10 p.m. ( permalink | suggest removal )
Happiness08 (anonymous) says...
shocarguy: The point was.....Shouldn't they know whether there is enough evidence to file murder charges BEFORE they file them? This sounded like Gee you shot somebody, so we'll file murder charges. Then they get the facts and figure out it was self defense. I take charging someone with murder very seriously. That is not something you change your mind about. I can't imagine the hell this guy and his family have went through over this.
December 15, 2008 at 1:34 p.m. ( permalink | suggest removal )
dhcc66 (anonymous) says...
guys, quit arguing...sometimes it takes the initial hearing of the evidence in totality to figure out whether the case is viable or not.....this is why they have the system of checks and balances, the grand juries and the preliminary hearings.
now if i remember right this is the same crew (maybe not the same exact people in here) that was arguing for dwight's release a few months ago due to the question of being able to justify defending yourself in your own house...right??
what matters here is that it appears that justice was served. i'm sure that something from the prosecutor will be printed eventually (as the gazette tried to do today) that will explain why things stopped where they did.
happy holidays dwight and denise
December 15, 2008 at 2:05 p.m. ( permalink | suggest removal )
TulsaNative (anonymous) says...
Thank goodness the charges were dropped. They never should have been filed anyway. If anyone should come busting in my front door they will be leaving in a morgue van.
December 15, 2008 at 4:37 p.m. ( permalink | suggest removal )
Happiness08 (anonymous) says...
Maybe what this says to all of us is that our legal system needs to be "revamped". I understand that preliminary hearings are to establish whether or not there is enough evidence to take the case to trial. What doesn't make sense to me is that we file charges, and then figure out what the evidence is. Isn't that the same thing as counting your chickens before the egg hatches, or putting the cart before the horse?
December 15, 2008 at 4:46 p.m. ( permalink | suggest removal )
Happiness08 (anonymous) says...
Whatever happened to INNOCENT TILL PROVEN GUILTY? Has that been changed to GUILTY TILL WE HAVE THE EVIDENCE TO PROVE YOU INNOCENT?
December 15, 2008 at 4:52 p.m. ( permalink | suggest removal )
anonymous1 (anonymous) says...
Couple of questions: (1) Why did the County Attorney wait until the day before the trial to decide they didn't have a case, or rather they couldn't win? Why didn't they figure this out a month ago or even a week ago? What about all those people who were called for jury duty -- not to mention all the taxpayer dollars that the County Attorney's office has wasted by first filing the charges, going through several hearings, and then deciding they weren't going to trial the day before? (2) Why wasn't William Calvert ever charged? Isn't he the person who broke into the house, started the fight, assaulted Mr. Swafford?
Please tell me the County Attorney isn't going to get a "do over". If they try and refile the charges hopefully the Lyon County Judges will do the right thing and not penalize Mr. Swafford any further just because the County Attorney can't figure out how to try a case -- or more importantly -- which case to pusue.
December 15, 2008 at 5 p.m. ( permalink | suggest removal )
anonymous1 (anonymous) says...
Sorry -- that should have been "pursue" not "pusue"!
December 15, 2008 at 5:01 p.m. ( permalink | suggest removal )
hottopics (anonymous) says...
What a great Christmas for Dwight. I am glad they finally got to the truth and the courts did the right thing.
I always believed the law enforcement made a rush judgement and should not have arrested him before a
thorough investigation. I felt from day one it was self defense as I unfortuanately know about drug abusers and bad behavior from a family member.
Dwight, Congrats and I am sorry you had to be put on public display and be financially burdened because of this.
December 15, 2008 at 7:12 p.m. ( permalink | suggest removal )
Bjnemp (anonymous) says...
I'm sure we would all be shocked by how much money Mr. swafford had to pay attorneys to defend this bogus charge. Fireworks aren't allowed in Emporia. Smoking isn't allowed in Emporia. Now they are trying to ban being able to defend your home and life from forced intrusion. What's next for us?
I am glad sanity reigned and Mr. Swafford was vindicated. Too bad he probably had to spend his life savings to see it done.
As TulsaNative said: "If anyone should come busting in my front door they will be leaving in a morgue van."
Ditto that, Tulsa.
December 15, 2008 at 10:11 p.m. ( permalink | suggest removal )
alfalfa (anonymous) says...
Bjnemp, my thoughts exactly. I wonder how much Mr. Swafford had to spend to defend himself, for defending himself? It seems to me the county attorney could have decided if the case merited a trial first, then filed the charges, sparing Swafford alot of expense.
If anyone organizes a fundraiser for Mr. Swafford, be sure and post it here, I would gladly contribute.
December 15, 2008 at 10:41 p.m. ( permalink | suggest removal )
dml (anonymous) says...
Hey guys, lets at least get it right. Mr. Swafford is not out of the woods yet. This is what KVOE is reporting:
"An Emporia man accused of attempted second-degree murder has had the charge dropped moments before jury selection was to begin Monday.
However, Dwight Swafford is not out of the legal woods by any means. Lyon County Attorney Marc Goodman plans to file battery charges against Swafford within the next three months.
Goodman’s announcement effectively restarts the trial process from scratch, meaning a preliminary hearing and other pretrial hearings must be scheduled before trial would take place.
Swafford is accused of shooting his girlfriend’s son, William Calvert, at Swafford's home July 10.
According to court documents, Calvert had arrived at the residence shortly before the shooting and tried to force entry. A domestic dispute ensued with Calvert and Swafford wrestling into a bedroom before Swafford shot Calvert.
Information from KVOE News Director Jeff O’Dell was used in this report."
December 15, 2008 at 11:05 p.m. ( permalink | suggest removal )
dml (anonymous) says...
It does not surprise me that the County Attorney is charging the wrong person in this case. Local Law Enforcement has a very negative view of law abiding citizens with firearms. I live in the country and was having trouble last spring with varmints such as raccoons, opossums, skunks, and badgers making a mess of the feed and digging holes in the yard. Whenever I would see one, I would go to the house, load the gun and go back out to gid rid of the varmint, but then would not be able to find it. I decided to start open carrying a pistol for the job, but wanted to make sure I would not break any laws. The State Attorney General's office told me there were not any laws regulating open carry at the state level, but I should check at the local level. They acted clueless in the County attorney's office and sent me to the County Clerk's office explaining that "it was the clerk's job to keep track of all the statutes and codes." The clerk sent me to the Sheriff's office where a deputy told me "anyone who thinks they need a gun is just stupid." I forgot to get his name. Wish I had though. I also checked with the Police department in case I was working on something and had to run to town for parts and forgot to take my gun off before going to town. I was assured by Officer Ross that the public is so scared of guns that their office would be swamped with calls and they would come looking for me with their guns drawn and ready to shoot me even if the gun was still in my holster! I walked out of there certain that I had a greater chance of being shot by a stupid gun-ho cop than by an otherwise common criminal!
December 15, 2008 at 11:20 p.m. ( permalink | suggest removal )
dhcc66 (anonymous) says...
to all:
the police don't have legal authority to "charge" anybody. that is the job of the county / district attorney. the police simply decide if there is probable cause to believe that a crime was committed and then they submit their stuff to the prosecutor. then, the prosecutor takes whatever route they do with preliminary hearing or grand jury to let the judge or public decide which if any charges go forward....
remember, some people tell police one thing and then when it comes time to testify, they seem to change their story.....that is one of dozens of possible reasons why charges could be changed or dropped.
December 16, 2008 at 11:30 a.m. ( permalink | suggest removal )
dhcc66 (anonymous) says...
and happiness....swafford was NEVER found or assumed guilty. he was simply bound over for a trial so that a jury of his peers could judge the charges against him....thats all.
I understand that people are mad at "the system", but at least it worked properly.
and as for why the prosecutor dropped the charges when they did....why don't you let him answer that for himself instead of assuming things you probably know nothing about.
December 16, 2008 at 11:34 a.m. ( permalink | suggest removal )
altamae (anonymous) says...
because he couldnt be reached for comment!!! suprising,huh?!
December 16, 2008 at 5:19 p.m. ( permalink | suggest removal )