Jacob Carl England (left) and Alvin Lee Watts: They are accused of shooting five black people at random at four north Tulsa locations on April 6, 2012, which was Good Friday
span class="leadp">Tulsa County prosecutors now acknowledge that the two defendants in the Good Friday triple-homicide case should be tried separately.
The prosecution agrees that the "confessions by each defendant pose a significant problem in respect to the severance issue," says a court document filed this week by Tulsa County First Assistant District Attorney Doug Drummond, who wrote that the prosecution does not object to the severance.
Both defendants, Jacob Carl England and Alvin Lee Watts, have filed motions to sever their cases, arguing that they have mutually antagonistic defenses and pointing out that prejudice may exist if the state introduces confessions by each defendant, according to Drummond's filing.
A hearing on motions filed in the case is scheduled for Tuesday in District Judge James Caputo's court. No trial date is set.
In asserting "competing theories of culpability, counsel for Mr. England and Mr. Watts will each have to become second prosecutors of the other," says a recent filing by England's attorneys, Clark Brewster and Rob Nigh.
A severance motion filed in January by Deputy Chief Public Defender Shena Burgess, representing Watts, says each defendant can convince the jury of his own theory of defense only by persuading the jury to convict the other defendant.
England, 20, and Watts, 34, are accused of shooting five black people at random at four north Tulsa locations on April 6, 2012, which was Good Friday.
England and Watts are each charged with three counts of first-degree murder, two counts of shooting with intent to kill and five counts of malicious intimidation or harassment on account of race - hate crimes.
The defendants, who are listed as white in court documents, face murder counts linked to the fatal shootings of Dannaer Fields, 49, Bobby Clark, 54, and William Allen, 31.
The two other victims, David Hall and Deon Tucker, survived their wounds.
In a filing Friday, Drummond wrote that both defendants "admit they jointly committed the three murders and the two shooting(s) with intent to kill, albeit offering somewhat different versions of what took place."
Prosecutors filed notice that they are pursuing the death penalty for both defendants.
Bill Braun 918-581-8455
bill.braun@tulsaworld.com
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