Arraignment postponed
by Sally Maxwell, Managing Editor
2 years ago | 1178 views | 0 0 comments | 6 6 recommendations | email to a friend | print
Sequoyah County Sheriff Deputies Billy Dickson, middle, and Greg Cox escort Leon Markel Winston Jr., in front, charged with first-degree murder, into the courtroom at the Sequoyah County Courthouse in Sallisaw for district court arraignment Monday.
Courtney Coble • TIMES
Sequoyah County Sheriff Deputies Billy Dickson, middle, and Greg Cox escort Leon Markel Winston Jr., in front, charged with first-degree murder, into the courtroom at the Sequoyah County Courthouse in Sallisaw for district court arraignment Monday. Courtney Coble • TIMES
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The district court arraignment for a man accused of first-degree murder was delayed Tuesday, after his attorneys filed 15 motions.

Leon Markel Winston Jr. is charged with first-degree murder in the Sept. 27 death of Darla Lovern Caughman north of Sallisaw. The prosecution has requested the death penalty in the case.

Because of the first-degree murder charge and the death penalty request, attorneys with the Oklahoma Indigent Defense System (OIDS) were assigned to defend Winston.

After Winston was bound over for trial by Judge Dennis Sprouse, following Winston‘s preliminary hearing, OIDS attorney Gretchen Moseley said the defense needed time to prepare motions before Winston’s formal arraignment.

District Judge Jeff Payton had set Winston’s district court arraignment for 1:30 p.m. Monday, but the defense attorneys said they needed more time to prepare. They said because of money and time restraints, they needed a continuance so that witnesses could be interviewed and background checks on Winston’s behalf could be done in North Carolina, where Winston is originally from.

Payton said he hoped to get the case on the spring jury docket, and gave the defense attorney’s until Dec. 21 to file motions, and the prosecution, lead by John David Luton, first assistant district attorney, until Jan. 25 to answer those motions.

Payton set Winston’s next court appearance for Jan. 28 when it is expected his formal district court arraignment will be held.

At the beginning of Monday’s hearing, Payton asked Winston how he pleaded, and Mosely answered that he “stood mute” on the question. Payton then entered a not guilty plea on the record on Winton’s behalf.

Winston is accused of the stabbing and blunt force trauma death of 62-year-old Darla Lovern Caughman on Sept. 27, 2008, at Mrs. Caughman’s home north of Sallisaw. Caughman’s body was found early in the morning by her daughter and a health care worker. Caughman was lying in a pool of blood in the bathroom of her home. The state medical examiner reported Caughman was stabbed in the neck and severely beaten. Either injury would have caused her death, the medical examiner reported.

A preliminary medical examiner’s report showed that Caughman was stabbed in the neck so hard that her trachea was cut and the knife lodged in her spine. According to the report, Caughman’s chest had been stomped on so hard that nearly every rib was broken. Nine ribs were broken on one side and seven or eight ribs were broken on the other side.

In Winston’s preliminary hearing on the charges it was testified that he knew Mrs. Caughman through a healthcare worker who helped Mrs. Caughman take care of her disabled son. Some witnesses testified that Winston helped Caughman around her home, but other witnesses testified that Mrs. Caughman had expressed fear of the suspect.

Winston is being held at the Sequoyah County Jail without bond.

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