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order based on domestic abuse, and that a temporary protective
order was issued. The Appeals officer also verified that the
State of Oklahoma filed an information against Stanley for fourth
degree felony arson and issued an arrest warrant against him
shortly after Tomi filed for divorce. The court records also
showed that Stanley subsequently pleaded guilty to misdemeanor
arson and received a 1-year suspended sentence.
The administrative file also included a certified copy of an
Oklahoma City Police Department Crime Report that described a
domestic disturbance call made to the police from Tomi’s
residence reporting to the police that Stanley had threatened
suicide with a shotgun, and that the police confiscated the
shotgun. This police crime report was dated 1 day before
Stanley’s involuntary commitment to Griffin Memorial Hospital in
Norman, Oklahoma, for observation, which commitment caused the
originally scheduled trial to be continued.
Appeals Officer Baty found the same factors weighing in
favor of relief that the examining officer had previously found,
except that Appeals Officer Baty also found that abuse existed,
and that the abuse was a significant and compelling factor
warranting relief. Also, although the Appeals officer found that
Tomi had knowledge of the gambling activity, he noted that the
examining agent did not consider Rev. Proc. 2003-61, 2003-2 C.B.
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Last modified: May 25, 2011