A man shot and killed in Broken Arrow asked a judge for a protective order against the suspect just two days before he was killed. His request was ultimately denied.
Court documents describe threats and harassment by Cody O'Bryan against his housemate and landlord Stephen Bernius that have been going on for the last several months.
Bernius had filed for a protective order against O'Bryan on September 17. He said he felt extremely fearful and threatened by O'Bryan.
Two days later, Broken Arrow police found Bernius shot to death and several witnesses said it was O'Bryan.
Both the protective order petition and an affidavit mention the same threat, of O'Bryan telling Bernius, 'If you f___ with me, I'll f___ with you.'
Bernius made a long line of accusations against O'Bryan when asking for the protective order, but it was denied.
Tulsa County Trial Court Administrator Vicki Cox said Bernius' case didn't meet two specific requirements needed for the protective order to be granted.
"His particular situation was just an unfortunate situation all around and he did not meet the requirements for it," she said.
There was no stalking since the two were roommates and the two were not in a romantic relationship.
"So, there was no legal way for the court to grant a protective order," Cox said.
Police said the two men got into an argument over the thermostat Sunday night, something Bernius said had been going on for months.
Several witnesses told police that argument turned to blows, before O'Bryan finally pulled a gun from his waistband and shot Bernius in the chest, then drove away.
Police arrested O'Bryan Monday in Jenks. He's now charged with first-degree murder.