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Probable cause was found on charges of manslaughter against Athine Henderson during a preliminary hearing at the Washington County Courthouse on Tuesday. Henderson was alleged to have been involved in an altercation with Washington County Deputy Kyle Davis that led to his death in March 2021.

Jail administrator James Pendergraft was called as a witness by the state. He was questioned about surveillance video from the jail that showed the moments before the altercation between Henderson and multiple deputies—including Davis. While making phone calls from the jail Henderson appeared frustrated and said over the phone, “I’m not going to the cell…they are going to have to kill me.”

This preceded the incident. The video shows deputies approach the defendant before a struggle brings them to the ground. Henderson is eventually escorted in into a cell. After the incident Davis appeared to be exasperated and a short time later he was rushed to the hospital. Pendergraft believed that Henderson was not compliant.

Davis’ wife and father then testified to Davis’ physical condition before the incident. They both gave testimony that Davis was able to exert himself without issue prior to March 2021. It was also detailed that Davis had gained weight and suffered from high blood pressure and other medical conditions.

The final witness called was medical examiner Dr. Ross Miller who gave an opinion that Davis died due to heart disease. Miller also added that exertion during inmate restraint, obesity and tobacco usage were other significant conditions that led to Davis’ death.

It was also noted after questioning from defense attorney Ashley Webb that the damage to the victim’s heart could not have been done in one day. Miller said that the death could not have been predicted at the time and an influx of adrenaline was dangerous to Davis at the time.

Ultimately, district attorney Kevin Buchanan raised the point that the misdemeanor crime of obstruction of an officer led to Davis’ death and the burden of proof was met. Buchanan cited past opinions in cases where “injuries that would not have killed a healthy person” led to manslaughter convictions.

Speical judge Jared Sigler overruled the objections of the defense and found that the burden of probable cause from the state was met. Henderson is to be bound over for district court arraignment on March 30. He returned to custody at the Osage County Jail after the hearing.