MIAMI, Okla. –The victim of a fatal traffic accident was hit so hard “he was knocked out of his shoes and hat” according to an arrest affidavit filed in connection with the death of an Ottawa County man.

Mindy Diane McBrien, 47, of Fairland, was charged Friday in Ottawa County District Court in Miami with first-degree manslaughter and leaving the scene of an accident.

She is free on $150,000 bail.

Guang Xin Ye of Miami was killed on Feb. 5 in a traffic accident near 1205 E Steve Owens Blvd. in Miami.

Miami police arrived at the scene around 10:20 p.m. and found Ye’s body lying in the outside eastbound lane. A citizen was attempting lifesaving efforts. Ye died at the scene around 10:40 p.m.

Ye had been hit with such force his shoes and hat were laying in the roadway, according to an arrest affidavit.

Surveillance video from the Elks Lodge showed McBrien was sitting with her husband, Phillip, at the bar and left alone through a side door. McBrien walked outside into the parking lot, got into her Jeep Cherokee, and drove onto Main Street. Surveillance videos from surrounding businesses showed McBrien’s vehicle leaving the Elks Lodge parking lot and heading north on Main Street, turning eastbound onto Steve Owens Blvd., the affidavit states.  

Ye’s scooter headlight is observed on a video disappearing under McBrien’s vehicle. Showers of sparks are seen coming from the bottom of McBrien’s Jeep, and moments later, first responders arrived and rendered aid to Ye, the video shows.

McBrien’s vehicle continues eastbound on Steve Owens Blvd., surveillance video shows.


While first responders were with Ye, Ottawa County deputies were called to SH 137, south of East 120 Road near the Paddle Fish Research Center for a wrecked dark gray Jeep Cherokee vehicle, registered to Phillip and Mindy McBrien, abandoned on the side of the roadway. The pattern transfer in the dust on the hood was consistent with the clothes Ye was wearing, the affidavit states.

McBrien’s vehicle was towed to the Ottawa County Sheriff’s Office.

While Ottawa County deputies were locating McBrien’s residence they stop a second vehicle, driven by Phillip Brown.

Brown told law enforcement officers he came upon a Jeep Cherokee in the ditch driven by a woman who identified herself as Mindy McBrien.

McBrien told Brown she was a nurse, and she needed her vehicle pulled out of the ditch.

Brown told deputies McBrien “was not so drunk that she didn’t know where she was going, but she was pretty drunk.” 

Brown wrote in his police statement “if she killed someone, I’ll do whatever to help”. 

Ottawa County deputies arrived at McBrien’s residence and were eventually met by McBrien who said her vehicle was at her in-law’s house.

McBrien was driven by a friend to the Ottawa County Sheriff’s office for an interview. Once the interview started, she agreed she was intoxicated and scheduled to be interviewed the next day.

McBrien failed to attend the follow-up interview.

The scooter was never located, the affidavit states.