On redirect, the witness stated that he made the first statement, denying any knowledge of the incident, because Danny Hodges and the defendant had threatened to kill him if he did not keep his mouth shut. He further stated that the District Attorney once told him that he could be an accomplice or an accessory, although he could not remember which. He further related that the District Attorney made no promises but did tell him that he could be prosecuted for withholding evidence. After his arrest as a material witness some nine months later, he made a statement and agreed to testify. ♧ On cross-examination, Fred Hodges testified that he originally gave a statement to the District Attorney one week after the killing, but later denied any knowledge of it. Danny threw the gun into the back, and they then took the witness to his car. He then heard a shot, after which Danny and the defendant came back to the car. However, he said the last person he saw with the shotgun was the defendant. The witness stated that he remained in the back seat of the vehicle and that he laid down on the floor because he did not want to see anyone killed. They were drinking from a bottle and throwing the gun back and forth in a game to see who would shoot Keck. Danny Hodges got out of his car with a shotgun, and he and the defendant began hitting Keck. ♦ Fred Hodges testified that the defendant dragged Keck from his car and hit him with a bottle. The witness testified that he tried to talk him out of it. Danny responded that they were going to kill Keck. The witness, still in the back seat, asked Danny what they were going to do. When Keck returned, Danny and the witness followed Keck's car to some strip pits. Keck stopped and went into a building, and the defendant got into Keck's car. Danny was driving and began ramming Keck's car from behind. The witness paid the check, got in the back seat, and they followed Keck. When Keck left, Danny and the defendant followed and got into Danny's car. Danny Hodges said, "this is the time to get him because he sent me to the penitentiary." The defendant then asked, "do you want to get him now?" but Danny Hodges suggested that they wait. They subsequently returned to Peggy's Cafe to eat where they saw Keck. They left the bar in Danny Hodges' car and drove to another bar near Muldrow. on the date in question he and Danny Hodges, a cousin now deceased, met the defendant at a bar in Sallisaw. ♥ The State then called Fred Hodges who testified that about 11:00 a.m. She also observed the defendant and two other persons in front of a snooker parlor approximately one block away. ♤ Marsha Whitaker testified that on the day in question, sometime between 1:30 and 3:00 p.m., she observed Keck in front of Peggy's Cafe and talked to him for a few minutes. She also observed two or three persons outside in a car which had nearly struck Keck before he came into the restaurant. She noticed that he appeared nervous and watched the door. Sally Ledford, daughter of Olta Ledford, testified that she was in Mr. Burritos and that she saw the deceased there at approximately 4:30 p.m. Olta Ledford testified that she was employed at a cafe called Mr. ♣ Violet Clark testified that she ran Peggy's Cafe in Sallisaw and that on May 3, 1975, the deceased was in the cafe and left between 3:00 and 4:00 p.m. Other law enforcement officers then testified concerning their investigation of the scene. Keck on May 3, 1975, and observed the deceased lying in the front seat of a vehicle at the side of a county road approximately one-half mile south of Sallisaw. Sequoyah County Deputy Sheriff Jim Rinehart testified that he investigated the death of Mr. The cause of death was a shotgun blast to the chest. Wilson, Medical Examiner for Sequoyah County, testified that on May 3, 1975, he examined the body of William "Cooter" Keck at a location on Highway 59 in Sequoyah County. Perfected his timely appeal to this Court. From said judgment and sentence the defendant has Imprisonment under the direction and control of the Department of Corrections of Theĭefendant was sentenced to a term of not less than ten (10) years to life CRF-75-232, of the offense of Murder in the Second Degree. Was charged, tried before a jury, and convicted in the District Court, SequoyahĬounty, Case No. ♡ The appellant, Jimmy Wesley Tabor, hereinafter referred to as defendant, Harry Scoufos, Gerald Hunter, Sallisaw, for appellant. Jimmy Wesley Tabor, appellant, was convicted of the offense of Murder in the Second Degree was sentenced to a term of ten (10) years to life imprisonment, and appeals. An appeal from the District Court, Sequoyah County Bill Ed Rogers, Judge.
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