The Tulsa County District Attorney’s Office will seek the death penalty against Jacob Carl England and Alvin Lee Watts on three counts of first degree murder in an April 6, 2012 shooting spree that left three dead and two wounded in north Tulsa.
Three people, 54-year old Bobby Clark, 49-year old Dannaer Fields, and 31-year old William Terrell Allen, died from a single gunshot wound to the chest. Two others, 44-year old Deon Lawayne Tucker, and 46-year old David Wayne Hall, were also shot but survived.
“The defendants are presumed to be innocent under the law, but we will be prepared to present our evidence at future due process hearings," said District Attorney Tim Harris.
In a Bill of Particulars filed in Tulsa District Court on Friday, Harris stated the defendants should be punished by death on each count of First-Degree Murder based on the following aggravating circumstances:
1.The Defendant knowingly created a great risk of death to more than one person. 21 O.S. Sec. 701.12 (2)
2.The existence of a probability that the defendant would commit criminal acts of violence that could constitute a continuing threat to society. (21 O.S. Sec 701.12(7)
Under Oklahoma law, the potential punishment on each of the First-Degree Murder charges is life with parole, life without parole or the death penalty.
The shooting with intent to kill charges carry up to life in prison. Malicious harassment occurs when a person acts “maliciously and with the specific intent to intimidate or harass another person because of that person’s race, color, religion, ancestry, national origin or disability.” The statute provides a maximum sentence of up to one year and a $1,000 fine. (21 O.S. Sec 850.)
“The filing of the Bill of Particulars, simply stated, allows the jury to consider all three punishments for First-Degree Murder under Oklahoma law if they find the defendant(s) guilty beyond a reasonable doubt, Harris said. “The jury decides what punishment fits the crime, based upon the facts and the evidence,” he said.
Bobby Clark’s family does not believe in the death penalty but does not want England or Watts to see the light of day.
“Killing Jacob and Alvin is not going to bring Bobby back to us,” said Tonya Clardy. She is Clark’s sister-in-law.
“One thing for sure, if they don’t get the death penalty then they will get life without parole. No matter which way they go their lives are over, they’re threw,” said Clark’s younger brother, Bruce Clardy, who is Tonya’s husband.
They want both England and Watts to get life without parole.
The Tulsa County District Attorney, Tim Harris, says his job is not easy when it comes to the death penalty.
“I don’t file these things willy nilly,” said Harris. “It’s the most difficult decision I have to make. I know people think it’s really easy; it’s not. I am looking at a human being’s life. When we decide to file a Bill of Particulars not only do we establish a death penalty review team but I am the one who makes that decision. I am beholden to the voters of Tulsa County.”
There are currently four pending cases for the death penalty. Two of those four are for England and Watts. The other two are for Joel Pina and Zane Atchison. They were charged with murdering two people outside a Quick trip convenience store on 71st and Riverside in August 2011. Harris said there are also five more cases under review for the death penalty.
“That is the highest number of cases I have seen in my 15 years serving Tulsa County,” said Harris.
England and Watts will be arraigned on Wednesday, January 9th at 9:00 a.m.