|Updated: 8/14/2012 10:33 pm
||Published: 8/14/2012 10:06 pm
Two men accused in the deadly Good Friday shooting spree that gained national attention will likely go to trial.
A judge has ruled there is enough evidence to put Jacob England, 20, and Alvin Watts, 33, in front of a jury.
The two are charged with three counts of murder and two counts of shooting with intent to kill.
Both suspects are also charged with hate crimes. All five victims were black.
In the second part of the preliminary hearing that was continued from last month, questions surrounded what was said by the lead detective to England after his Miranda Rights were read.
The confession is a key piece of evidence, but testimony from relatives incriminates the pair.
The night England was arrested, the then 19-year-old confessed to the shootings.
In the District Attorney’s response to the motion to suppress the confession England told Detective Vic Regalado, “I did shoot those two son-of-a-(expletive) on the front porch."
The motion also states England and Watts confessed to all of the killings and shootings.
"If those statements are suppressed there is not a whole lot of evidence in this case. There really isn't,” said England’s defense attorney Clark Brewster.
However, prosecutors said England made confessions before his arrest.
"Listen to the testimony on what you heard. Listen to what was said, listen to what these defendants told these people," said Tulsa Co. assistant DA Doug Drummond.
The mother of his late fiancée testified England told her he shot someone on the way to a casino, and he and Watts shot more people after going to the casino.
England’s uncle testified on July 18th, that he believed the pair was having a killing contest.
"They were arguing about who shot the last one,” said Tim Hoey.
In the days before the shootings, England posted racial slurs on Facebook. He was referring to the man who shot his father in April 2010.
Prosecutors found Pernell Jefferson acted in self defense when he killed Carl England at Comanche Park Apartments.
Family members testified that England said he wanted revenge for his dad’s death.
England’s defense wants his confession thrown out and said he was bullied.
In the response to the motion to suppress the confession, the District Attorney brought up part of the interview with England and the detective.
Detective: "But what I’m telling you is what I told him. What we say in here is between us, okay. I made him a promise that ‘hey man, I’m not going to tell everything that you told us okay.' And I’m making the same promise to you that I’m not going to tell him everything that you tell us, okay or anybody else. That’s none of their business.”
Prosecutors said the detective was telling England that he was promising not to tell Watts everything.
Judge David Youll decided that there was enough evidence for a trial and that the confession would be admissible.
The defense plans to continue to fight to kick the confession.
"There is a strong likelihood that the statements that are incriminating attributed to Mr. England will be suppressed. I really do. That's what the case law suggests,” said Brewster.
Prosecutors said they expected a battle and expect more to come.
"We are very happy with what happened today but it's a long road ahead. It's like a marathon it's not a sprint,” said Drummond.
Contrary to their confessions, Watts and England remained silent after court.
As the two left court, FOX23 News asked if they had any comments and if they maintain their innocence but neither England nor Watts would respond.
Watts’ public defender, Shena Burgess, challenged the probable cause for Watts’ arrest. She argued he wasn’t mentioned in the Crime Stoppers tips and his Facebook wasn’t investigated like England’s had been investigated.
However, family members told investigators about Watts' possible involvement. Watts and England were roommates.
When you are arrested, you are allowed to make one phone call.
On Tuesday, a jail nurse testified she overheard Watts making a phone call to a family member, saying,
“This is Alvin, your son. I don’t know if you have seen the news but I killed two people. I am going away for a long time.”
In England’s phone call he said, “Alvin sang like a bird.”
Drummond said the DA’s office will discuss if this should be a death penalty case.
District court arraignment has been scheduled for Monday, August 20th at 9 am.