He had no opportunity, jurors are told

Phillip Anthony Summers is the product of a background of poverty, drugs and violence, a defense witness told Tulsa County jurors Monday.

His life "offered him no opportunity -- no opportunity for a way out," said Linda Sanders, a Texas-based licensed clinical social worker.

The jury on Thursday had found Summers, 22, guilty of two counts of first-degree murder in the killings of Ples Vann Jr. and Shelly Vann, who were shot Feb. 23, 2004, at their home at 38 E. 50th Place North.

Sanders said Summers was born into a family "permeated by drugs and criminal behavior" and that a gang environment "gave him a sense of control."

During a cross-examination, Assistant District Attorney Steve Kunzweiler disputed any contention that Summers' background means he "can't make a choice for himself about picking up a gun" and shooting a Tulsa couple.

Jurors are expected to deliberate the issue of punishment Tuesday. The sentencing options are life in prison, either with or without the possibility of parole, or death.

Before the presentation of evidence in an effort to mitigate punishment, defense attorney Mark Matheson told jurors that Summers came from a "toxic environment" where "all he knew was violence from the get-go."

Evidence indicated that two of his siblings -- including a sister who was shot by police -- were killed in violent deaths and that other family members are in the penitentiary.

Dr. Eugene Reynolds, a Tulsa clinical psychologist, testified that testing showed that Summers has an IQ of 80.

He has a "low level of intellect," Reynolds said.

Summers indicated that he has an extensive background of drug and alcohol abuse, dating to marijuana use at age 9 or 10, according to Reynolds.

But Summers is not mentally retarded, not mentally incompetent and not emotionally disturbed, Reynolds said.

Other testimony indicated that Summers' first arrest was for arson at age 9. He is a former resident of the L.E. Rader Center in Sand Springs, which houses juvenile offenders.

During cross-examination of a defense witness, District Attorney Tim Harris asserted that Summers was found delinquent in juvenile court for such offenses as larceny of merchandise from a retailer, possession of a weapon on school property and larceny of a vehicle.

As an adult, Summers has prior felony convictions for shooting with an intent to kill and false impersonation.

Prosecutors presented testimony Monday from two people who were wounded Dec. 25, 2003, while in a car at a Tulsa apartment complex.

Sarah Taylor said she was shot three times, and Daniel Ray Coleman said he was shot four times.

Taylor said she saw one person who had a bandana covering his face.

Coleman testified that "I didn't see who shot me."

Tulsa County prosecutors filed no charges linked to those shootings.

According to a transcript, Coleman previously told a federal grand jury that he thought the shooter looked like Phillip Summers.

Police Officer R. D. Johnson said that on the day of those shootings, he asked Coleman who shot him, and Coleman replied, "Phil-Phil,"which previous testimony indicated is a name for Summers.

Prosecutors say evidence exists that Coleman and Taylor were not the intended targets and that the shooter thought someone else -- a gang rival -- was in the car.

Prosecutors theorize that the murders of the Vanns were linked to gang rivalry and a belief among the Hoover Crips -- including Summers -- that Lawrence "Bud" Tennyson was responsible for the murder of one of Summers' brothers.

Tennyson was then a leading member of the Neighborhood Crips gang. Shelly Vann was his mother, and Ples Vann was his stepfather.

Bill Braun 581-8455
bill.braun@tulsaworld.com