Lepak public intoxication case gets ‘dismissed with costs’

The Oklahoman USA TODAY NETWORK

Jessie Christopher Smith and Alex Gladden

SecretaryofStateBenLepakisnolongerfacingany charges tied to his August arrest outside an Edmond McDonald’s, where police cited him for public intoxication.

The misdemeanor case, which was set to be prosecuted in Edmond Municipal Court, has been “dismissed with costs,” Edmond Police Department spokeswoman Emily Ward said in a text message.

“The notice of dismissal states that Mr. Lepak is verifiably engaged in services more appropriate than those provided through the municipal court,” Ward said.

The court has not yet provided a copy of the dismissal notice, but officials confirmed a hearing in the casethatwassetforThursday,Sept.24,hasbeencanceled.

Lepak, 42, did not respond to calls to his cell phone and his office for comment on the dismissal. He has not responded to any requests for comment following hisarrest,whichwashisthirdalcohol-relatedcitation since 2021.

Lepak has served as secretary of state since October 2025, when he was appointed to that role by Gov. Kevin Stitt.

ThenightofLepak’smostrecentarrestonAug.14,a McDonald’s employee called police to the restaurant just before11p.m., saying Lepak appeared to be intoxicated. The worker told a 9-1-1 dispatcher he didn’t want Lepak to cause harm if he got behind the wheel of his vehicle parked outside the restaurant, according to an audio recording of the call.

Lepak’s office has said he was getting dinner and was not given a breathalyzer test that would have

measured his blood alcohol level. Bodycam footage released by police does not show Lepak asking for a breathalyzer test before his arrest.

The video shows Lepak telling police he had one beer but didn’t finish it. He denies wobbling and slurring his words despite one officer’s assessment. An officer then orders Lepak to place his Mc-Donald’s bag on the ground before arresting him, the footage shows.

As he gets into the police vehicle, Lepak tellstheofficer,“Iworkforthestate.”

Lepak also pleaded no contest to public intoxication in December 2022 after being cited by Edmond Police in June of that year. Publicly released records do not describe what led to the citation, which was handled in Edmond Municipal Court.

In May 2021, Lepak was arrested by The Village police on suspicion of being in control of a vehicle while intoxicated. An officer reported finding him asleep in a running vehicle next to two open cans of beer. He received a one-year deferred sentence in that case.

Edmond police dismissed its public intoxication case against Secretary of State Ben Lepak.

NATHAN J. FISH/THE OKLAHOMAN