LOGAN COUNTY (KFSM) -- Attorney Chris Flanagin sent a letter to the Logan County deputy prosecutor on Thursday (April 22) asking him to preserve evidence in his client Daniel Wall's case.
To read the entire letter, see the gallery below.
Wall was arrested Friday (April 15) on suspicion of internet stalking of a child. Daniel Wall, 33, had messaged a Facebook account run by Logan County Sheriff Boyd Hicks, which portrays a 13-year-old female, according to probable cause affidavit.
He sent the girl inappropriate pictures of himself, and then later asked that she delete them, according to the affidavit.
After arranging a place to meet Wall, Hicks organized a sting of law enforcement officers in the Ozark area, communicated by radio, the affidavit stated. Tim O’Neal, a friend of Wall, is a local constable and warned Wall that officers were looking to arrest him.
According to his Facebook page, O’Neal resigned as constable of Wittich Township on March 16.
Flanagin claims his client was set up.
"Based on the profile page it's a woman approximately 25 years of age, born April 1, 1990," Flanagin said. He claims the information of the accounts age was deleted after his client was arrested. He supplied the prosecutor with a snap shot he said came from the Facebook page.
"At that point, Daniel , and I have a copy of it, said you're too young to be messaging. I can not meet you," Flanagin said.
Flanagin did not deny his client continued to message the account after he discovered the underage status but he said it was not inappropriate context.
He said his client was first contacted by the account. An affidavit for arrest states Wall initiated the contact.
"He never left his house and never intended to go down there at all. He was just trying to confirm who was trying to set him up," Flanagin said.
The Logan county prosecutor has not said if he will investigate the claim that Wall was set up. Wall will go before a judge on May 13 for the original arrest.