|Updated: 9/24/2013 4:23 pm
||Published: 9/20/2013 5:11 pm
Three teenagers charged with the felony murder of a Papa John's delivery man were bound over for trial on Tuesday.
Prosecutors say Jermaine Savory, Franking Jackson Jr. and Damian Anderson killed Robert Horton while he was making a truck delivery to the store.
The three teenagers are all facing felony murder charges, and in Friday's hearing we learned prosecutors may add another charge to one of the defendants.
Prosecutors say Horton was shot and killed while making a delivery for Papa John's near 11th and Harvard.
"The goal of this case is twofold -- to ensure the citizens of Tulsa County justice gets done here," Nalani Ching, a prosecutor with Tulsa District Attorney’s office.
A detective testified that after multiple interviews, he believes four people were in the Saturn Vue that fled the scene.
He said after talking with the three defendants and one of their younger brothers who isn't charged that he's basically heard at least four different stories of what happened.
The detective said police have evidence, including something that ties the suspects to the case.
"The state of Oklahoma looked to add of knowingly concealing stolen property for the weapons that were located in one of the residences we believe would tie one of the defendants to this case," said Ching.
Whether Savory, Anderson and Jackson were bound over for trial seemed to center on one main point—whether the state was able to show there was an attempted robbery that led to Robert Horton’s murder.
“We felt like the elements of attempted robbery weren’t made,” Damien Anderson’s attorney MJ Denman told us.
Along with others in the courtroom, FOX23 listened as each of their attorneys argued about who they believed was an incredible witness—Damon Red, Savory’s brother, who told police he was in the SUV along with the defendants the night of the murder, but changed his story numerous times.
“I found Mr. Red’s testimony to be incredible,” Denman shared. “And I think if anybody had listened to it, they would probably say the same.”
But the state argued Red was only terrified, saying he was harassed after testifying.
And further, we heard the state argue evidence showed the teens repeated circling around the Papa John’s that night proved either intent to rob or intent to kill.
“There wasn’t any evidence of a taking; there wasn’t any evidence of a demand, that’s unfortunate. Our perspective is if you didn’t make the elements of an attempted robbery, then that count has to go away.”
The judge reiterated the purpose of a preliminary hearing is for the state to establish the probability the crime occurred and that the defendant’s involvement. He said that was done Tuesday and all three are bound over for trial on counts of felony murder and attempted robbery with a firearm.