Tahlequah Daily Press

February 13, 2014

Judge orders mental health exam for man accused in deputy assault

Staff Writer

TAHLEQUAH — A Cherokee County judge this week ordered a local man accused of assaulting deputies with a hammer to undergo a mental health evaluation.

Mitchell D. Hummingbird, 33, is charged with assault and battery on a police officer, assault and battery, and public intoxication.

Authorities allege Hummingbird hit a deputy with a hammer in late December, when officers tried to get Hummingbird to release another man from a headlock.

Deputies claim Hummingbird also had a Bible during the altercation, and was claiming he was “doing the Lord’s work” and trying to “save” the man he was restraining.

Special District Judge Holli Wells this week ordered Hummingbird to get a mental-health court evaluation. Hummingbird was told to have the evaluation before his next court appearance, which is scheduled for March 12 at 9 a.m.

According to reports, Hummingbird was tased four times by officers before he could be taken into custody in December. While fighting with officers, he allegedly asked them if “this [is] how it’s going to end.”

If convicted, Hummingbird could face up to five years in prison for assaulting a police officer, up to 90 days in jail for assaulting the alleged victim, and five to 30 days in jail for public intoxication.