When former Baltimore Ravens running back Ray Rice knocked out his fiance in an elevator, it put domestic violence in the spotlight. In Oklahoma, the arrest of Minnesota Vikings running back Adrian Peterson held special interest as the former University of Oklahoma Sooners football star was accused of child abuse. His arrest continued the discussion of domestic violence as a very real problem.

Now, an Oklahoma Highway Patrol trooper's arrest adds more attention to the issue. Trooper Derrick Lynn Ware, 47, has been suspended with pay since an incident in late May involving an altercation with his adult daughter. Harrah police responded to an early morning incident in Ware allegedly chased his daughter, pinning her to the ground, and placing her in a chokehold, leaving visible bruises on her neck. Ware was arrested on the scene and suspended from the OHP the following day.

The 23-year OHP veteran is charged with domestic abuse by strangulation. 

Domestic abuse is considered the assault and battery against someone who has a relationship with the defendant in one or more of the following ways:

  • a spouse or an ex-spouse
  • an ex's new spouse
  • a spouse's ex
  • a parent
  • a foster parent
  • child
  • a person related by blood or marriage
  • a current or former dating partner
  • an individual with whom the defendant has had a child
  • a person who formerly lived in the same household as the defendant
  • a person living in the same household as the defendant

Typically, we think of domestic violence as occurring between spouses or dating partners or by parents against their children, but as the above list shows, domestic assault and battery charges can come from all sorts of relationships, including even roommates not romantically involved.

In general, domestic assault and battery is a misdemeanor, but there are several circumstances which can elevate the charge and enhance the penalties. Among these is domestic abuse by strangulation.

Title 21 Section 844 (J) states that domestic abuse by strangulation is a felony punishable by 1 to 3 years in prison on the first offense. A second or subsequent offense is punishable by 3 to 10 years in prison and a fine of up to $20,000.

State law defines "strangulation" as "any form of asphyxia; including, but not limited to, asphyxia characterized by closure of the blood vessels or air passages of the neck as a result of external pressure on the neck or the closure of the nostrils or mouth as a result of external pressure on the head."

Ware is not the only Oklahoma Highway Patrol trooper currently facing serious criminal charges. In July, Trooper Joshua Davies was arrested for DUI in Sequoyah County after crashing his patrol vehicle and an OHP boat while on duty. He resigned in August. 

Also in July, Trooper Eric Roberts was suspended after allegations that he raped a woman following a traffic stop. Roberts was arrested earlier this week in Creek County.