Investigations into Elijah Woolley’s death are “active and ongoing”

By John Dobberstein, Editor

Amid growing criticism of the handling of the investigation into Elijah Woolley's death, Wagoner County District Attorney Jack Thorp has indicated that his office is not finished with the case.

In a lengthy statement he gave to KOTV on Friday, Thorp claimed the 14-month-old boy's death in 2018 was still “under investigation.”

The boy's grandparents, Bill and Lisa Woolley of Broken Arrow, were initially charged with Elijah's murder, but the charges were later dropped after new evidence came to light that forced prosecutors to reevaluate their case.

The Woolleys have since been trying to regain custody of their other grandson and Elijah's brother, Clayton, who is in foster care and is reportedly no longer under the supervision of the Department of Human Services. The Woolleys have said they have never received any placement orders or paperwork or been given a hearing.

Thorp wrote that while he was “limited” in his comments on the case, “I want to make a few things clear. The Woolleys were not found innocent in court. They were and continue to be presumed 'innocent,'” Thorp said. “That is a presumption they continue to enjoy and will continue to exist until the case against them is proven by evidence beyond a reasonable doubt.”

Thorp said the investigation into the boy's death was “active and ongoing. Should anything change in this matter, our office will only be able to comment in court.”

But the Woolleys denied on Sunday that there was an ongoing investigation, pointing to a 2021 statement Thorp made to the media in which he said, “I am not conducting an active investigation into the allegations of child sexual abuse.”

“Jack opens and closes investigations depending on what serves him best so that he doesn’t have to comment on things,” Lisa Woolley told the Guardian.

However, Thorp believes that the case of Elijah's death has been misrepresented in public.

“I have a fair amount of knowledge on this matter, and it is contrary to the narrative that has been presented to the public,” he wrote. “I also disagree with the recitation of facts specifically laid out in their recent press release regarding the Wagoner County investigation. I can say definitively that this matter is under investigation.”

Thorp also addressed allegations that Clayton Woolley was abused by his foster mother and that Broken Arrow police conducted only a superficial investigation into the case.

On Friday, supporters of Woolley's reunification efforts said a whistleblower had come forward claiming Clayton's current guardian had bragged about abusing the child by locking him in a closet as punishment, withholding food or giving him bread with only mustard, and hitting him below the waist so all the marks were hidden by clothing, among other things.

The BAPD declined to provide details about how it handled the complaints because under Oklahoma law, police records involving juveniles are confidential and cannot be made public.

“In accordance with state law, BAPD will not comment on a specific case involving a minor, but we will comment on our procedures and how seriously we take allegations of child abuse in our community,” the department said.

“BAPD works with the Department of Human Services to ensure that allegations of child abuse in Broken Arrow are fully, fairly and completely investigated. When appropriate, charges are forwarded to the District Attorney's Office for review.

“The safety of children is our top priority,” the ministry said.

The department added that there had been multiple requests for the BAPD and city government to “circumvent state law” regarding the juvenile case, which the BAPD believed at the time was under DHS jurisdiction. The Woolley family says they have received confirmation that this is no longer the case.

“BAPD will strictly adhere to the law and will not give in to pressure from these third parties,” the statement said. “We will continue to comply with state laws regarding the confidentiality of juvenile criminal cases while working with DHS to ensure the safety and well-being of all children.”

Thorp said he was aware of the allegations, but the case is in Tulsa County and he was “not exactly familiar with the specifics of this investigation. I would expect the results to be presented to the Tulsa County District Attorney if anything of note is discovered.”

“I have great confidence in the Broken Arrow Police Department and its officers to conduct a high-quality investigation of every allegation,” he added. “The department is widely regarded as one of the best police departments in the state of Oklahoma and I am well aware of the training and expertise of its officers.”