Rep. Justin Humphrey, R-Lane, says he will join an open-records lawsuit against the Oklahoma Department of Corrections filed by the family of deceased inmate MarQuiel Ross.
Ross, who was serving time for a stolen vehicle charge, was murdered by his cellmate while incarcerated at the Oklahoma State Penitentiary in McAlester in September.
Ross’ family members and advocates argue the Department of Corrections tried to cover up his death and failed to document why he was transferred to the maximum-security facility where it happened.
Humphrey first voiced his support of Ross’ family’s claims during an interim study he led at the Capitol in October. His criticism of the Department of Corrections and the agency’s handling of Ross’ imprisonment has not waned since.
The family’s lawyer, Richard Labarthe, announced the lawsuit on Jan. 30, saying the DOC has withheld requested records that would shed light on what happened. Humphrey and the family say there’s little documentation of the alleged misconduct the agency cites as the reason for Ross’ transfer to McAlester.
According to a release from the DOC, Ross spent time at five separate prisons due to numerous misconduct cases. Allegations include two instances of assault on staff members, including spitting in the face of a transport officer.
Following his announcement to join the lawsuit, the Oklahoma Department of Corrections sent a press release responding to Humphrey’s allegations.
“While we cannot undo this heartbreaking situation, we remain committed to ensuring safety and accountability within our facilities,” it reads.
Ross died Sept. 12, 2024, and his cellmate, Justin Harris, was charged with first-degree murder in October. The family also claims the DOC failed to inform them of Ross’ death in a timely manner, and they barely had time to prevent the department from cremating his body.
In the press release, the department said Humphrey has “repeatedly misrepresented facts, spread misinformation, or outright misled the public” about their operations and that his characterization of the Ross’ incarceration and death is no different.
“His ongoing attacks against the agency and our dedicated correctional officers stem from his personal grievances, including his unsuccessful bid to become director, and he continues to use his platform to serve his own interests,” the press release says.
“We take all acts of violence seriously, especially those resulting in loss of life,” DOC director Steven Harpe said in the release. “Ross’ cellmate was swiftly held accountable for his alleged actions, and my sympathies go out to Ross’ loved ones.”
Rep. Tim Turner, R-Kinta, spoke out about the lawsuit after it was announced, siding with the department and criticizing his fellow Republican, Humphrey. He said it is “disheartening that the true narrative is not being shared.”
"All Oklahomans deserve to know that when a person is incarcerated, they will serve their sentence,” Turner wrote in a press release on Jan. 30. “It is apparent to me that while Mr. Ross was in custody for breaking the law, he continued to break the law as well as Oklahoma Department of Corrections rules. Because of his actions and the need to hold him accountable, his discharge date and the location of his incarceration had changed."
This report was produced by the Oklahoma Public Media Exchange, a collaboration of public media organizations. Help support collaborative journalism by donating at the link at the top of this webpage.
