No relief granted in courthouse shooting trial
BY BILL BRAUN World Staff Writer
Friday, January 04, 2013
1/04/13 at 5:01 AM
A judge granted no relief Thursday to a man who is charged with two shooting counts based on evidence that one shot was fired in the direction of two sheriff's deputies outside the Tulsa County Courthouse.
After a hearing, Andrew Joseph "Joe" Dennehy, 24, of Tulsa continues to face trial on two counts of shooting with an intent to kill.
Each of those counts allows the possibility of a life sentence.
Deputy David Fortenberry was shot in the hands March 7 after he and two other deputies, Dennis Miller and Stephen Culley, responded to a report that shots were being fired on the plaza outside the courthouse, at 500 S. Denver Ave.
At a preliminary hearing in October, Miller testified that he saw Dennehy holding a revolver and that "we were yelling at the top of our lungs to put the gun down."
Dennehy did not comply with the orders but turned and fired a shot, and Fortenberry yelled that he was hit, according to testimony then.
After Fortenberry was hit, Miller and Culley fired shots at Dennehy, who was wounded. Prosecutor Jack Thorp said he thinks shots fired by both Miller and Culley struck Dennehy.
Defense attorney Allen Smallwood said Thursday that there was evidence at the preliminary hearing that Dennehy fired a single shot in the general direction of Culley and Fortenberry.
That justifies only one count of shooting with intent to kill, he maintained.
District Judge James Caputo resolved the issue in favor of the prosecution.
In addition to the two shooting counts, Dennehy is charged with another felony, possessing a firearm after being adjudicated delinquent in juvenile court, plus a misdemeanor count of reckless conduct with a firearm.
In a separate case, Dennehy is charged with two felony counts involving allegations that he assaulted and battered another sheriff's deputy at a hospital during an unsuccessful escape attempt on March 16.
A Jan. 30 arraignment is set in both cases. Dennehy remains in the Tulsa Jail.
Original Print Headline: Judge: Defendant still will face two shooting counts
Bill Braun 918-581-8455
Andrew Joseph "Joe" Dennehy: He is charged with two shooting counts based on evidence that one shot was fired in the direction of two sheriff's deputies outside the Tulsa County Courthouse. His lawyer says that justifies only one charge being filed against him