A man accused of murdering an Oklahoma County Deputy in 2022 is now facing a federal criminal indictment. Benjamin Plank was initially arrested for the killing of Sgt. Bobby Swartz on August 22, 2022, while Swartz and two other deputies were serving an eviction notice at Plank’s mother’s home.
Plank was quickly charged at the state level, but after years of delays due to being found mentally incompetent, the charges were dropped in October 2025.
The Oklahoma Department of Mental Health and Substance Abuse failed to restore Plank to competency following treatment. Charges were refiled in January of this year, though the case has seen little progress since. During that time, Plank had been civilly committed to Griffin Memorial Hospital in Norman.
Federal Indictment Details
The federal indictment, released Tuesday, charges Plank with unlawful possession of a firearm due to his history of drug use. If convicted, Plank could face up to 15 years in federal prison, according to the criminal complaint.
Following the federal filing, state prosecutors dropped the refiled state charges, citing Plank’s federal custody. Plank will now undergo a new competency evaluation in the federal court system.
ATF agents arrested Plank at Griffin Memorial Hospital on May 6.
Family Reaction
Austin Swartz, son of Sgt. Bobby Swartz, issued a statement on behalf of his family:
“There are no words that will ever undo what was taken from our family on August 22, 2022, when my dad, Sgt. Bobby Swartz with the Oklahoma County Sheriff’s Office, was ambushed and murdered while simply doing his job serving this community.
For nearly four years, my family has lived with the pain of losing a father, grandfather, friend, and respected law enforcement officer who dedicated 25 years of his life to protecting others.
Along the way, we have also endured countless delays, failures, and setbacks within the justice system that made it feel like accountability might never come.
This federal indictment is a major step forward. It is a significant victory, not only for my family, but for every law enforcement officer and every victim’s family who believes that violent criminals must be held accountable for their actions.
This indictment does not erase the failures we have witnessed over the last several years, but it restores something we have not felt in a long time: hope. Hope that justice is still possible. Hope that the man accused of murdering my father will finally face accountability.
My dad believed deeply in service, responsibility, and justice. He wore the badge with pride for 25 years, and he believed the law should apply equally to everyone.
Today’s action by federal prosecutors is an important reminder that his life mattered, his service mattered, and his murder will not simply be forgotten.
Our family is grateful to the investigators and prosecutors who continued pursuing this case and refused to give up. We will continue standing for my dad, for the deputies he served beside, and for every family forced to walk through unimaginable loss while waiting for justice.”
