By Cass Rains

Staff Writer



The promoter of Enid Speedway was charged in Garfield County District Court Thursday for his involvement in the disappearance of a road grader from a construction site near Waynoka in mid-June.

Harold W. Shaw, 39, of Hennessey, was charged with unauthorized use of a motor vehicle, a felony punishable by a fine of up to $5,000, a sentence of up to five years in prison or both.

Shaw also has been arrested and charged in Woods County with a felony count of unauthorized use of a motor vehicle in the disappearance of a Komatsu GD-655 road grader that was recovered near the Speedway.

Shaw was released on a $3,000 recognizance bond after turning himself in to Garfield County Sheriff's De-partment. He is scheduled to appear in Garfield County Dis-trict Court for a bond appearance Sept. 14.

The grader belongs to David Litzenberger, of Litzenberger Con-struction in Waynoka. Litzenberger reported June 18 the grader was stolen from a construction site 13 miles east of Waynoka.

According to court documents, Ed Pennington, night jailer of the Garfield County's work release center at the fairgrounds, told the investigating deputy he saw the grader being driven into the fairgrounds near the Speedway at about 3:45 a.m. June 18.

Deputies had been told by Garfield County Commissioner Mike Postier a friend of Litzenberger's said the grader had been stolen and to be on the lookout for it. The friend of the owner told Postier it was a Komatsu grader, according to an affidavit.

According to court documents, Postier asked Litzenberger's friend if the grader parked near the north end of the race track was the one reported stolen. The man replied "yes."

When contacted by deputies, Shaw told them "a man by the name Eric Jamison approached him around 5 p.m. on June 17 and offered to rent him the road grader for $2,500 per month," according to court documents.

Shaw said he turned down the offer, and Jamison offered to let him use it for the weekend in exchange for free race passes, according to an affidavit. When deputies asked if he had the keys, Shaw said he did.

A Litzenberger employee placed Shaw near the construction site where the grader was at June 17.

John Smiley, who works for Litzenberger Construction, said he helped Shaw after his vehicle had become stuck in the mud on a county road within 200 feet of the grader. Smiley also said in his statement he later saw Shaw up by the grader looking at it, according to court documents.

John Taylor, a Speedway worker, told investigators he was contacted by Shaw and told to meet him at 8:30 a.m. June 18 at the Speedway because there was work to be done and there would be a grader there to work with, according to an affidavit.

When asked by deputies if it was the same grader returned to Litzenberger that night, Taylor said yes, according to court documents.

Taylor also said Shaw had driven the grader. After completing the work at the track, Taylor was told to park the grader at the north of the track and returned the keys to Shaw, according to an affidavit.



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