Sequoyah County detention officer Jeremy Walters escorts murder suspect David Dewayne Collins into Special District Dennis Sprouse’s courtroom Monday. Collin’s preliminary hearing began Monday.
Courtney Coble • TIMES
David Dewayne Collins, 35, of Pocola was arrested Oct. 1 in Fort Smith, Ark., for the shooting death of Shannon Bryan Southern, 20, of Muldrow, whose body was found Sept. 22 in a burned home on Lee’s Chapel Road, southeast of Muldrow.
Defense attorney Matt Orendorff on Tuesday said Special District Judge Dennis Sprouse continued the hearing until 9 a.m. March 30. Sprouse will then determine whether there is sufficient evidence to bind Collins over for trial.
Collins is being represented by Oklahoma Indigent Defense System (OIDS) attorneys John Echols and Gretchen Mosley, along with Ordendorff, who is working with OIDS attorneys pro-bono.
John David Luton, first assistant district attorney, said he has not decided whether the state will seek the death penalty. He said he wanted to get through the preliminary hearing first and consult with the medical examiner and thoroughly review the case.
On Monday, in a courtroom filled with Southern’s family members and friends, the state’s first witness of seven, April Dillahunty of Roland, testified that Collins stopped by her home about 4 p.m. Sept. 21 to visit with her husband. Dillahunty said Collins brought a six-pack of beer, and he and her husband began drinking beer.
Dillahunty said her brother-in-law stopped by about 5 p.m. and wanted to use Collins motorcycle and the two swapped vehicles. She said her brother in law was driving a tan GMC Sonoma.
She said after the six-pack was gone Collins and her husband decided they wanted more beer. She said Collins left and brought a 12-pack back.
Collins left on another beer run before midnight and the Dillahuntys went to bed shortly after Collins left for more beer. She said they were awakened sometime later when Collins returned and she told her husband to get up and let him inside the home.
She testified that her husband came back in the bedroom and got a pair of sweat pants to give Collins because his clothes were wet. She also said her husband said Collins was pretty intoxicated. She said her husband set Collins up on the couch with a blanket, then he came back to bed.
Dilliahunty said the alarm clock went off at 5:30 a.m. and she woke Collins up because he had to go to work. She said they got up got dressed and the three of them left in her brother-in-law’s truck.
They drove to Pocola to Collins roommate’s home and Collins got out of the truck, went inside and came out with his work clothes on. Then the three went to Collins work place, which Dillahunty said was a big warehouse behind the Cherokee Casino in Roland.
She testified Collins was dropped off work about 6:30 a.m. She said she washed Collins clothing that he had placed in a bag that same day, but she did not notice any odor of accelerants on them.
During cross-examination, Dilliahunty testified Collins’ demeanor was polite, he was “mellow,” and Collins would often “stick up” for her when her husband was drinking. She said Collins seemed like he was on her side quite a bit when it came to her husband’s drinking.
Dilliahunty testified she never saw Collins be unreasonable and Collins never opened up emotionally except when it came to his estranged wife and her children.
Dilliahunty told Collins defense attorneys that earlier in September, while getting ready for work at Taco Bell, she was unable to find her all-black Taco Bell hat.
A black Taco Bell hat, which was found at the murder scene, was admitted into evidence after a photo was shown to Dilliahunty who said the hat looked like the hat she was missing.
After Dillahunty’s testimony, state witness Corey Hargrove was called to testify. Hargrove was a friend of Southern’s, and at the time of Southern’s murder, Collins was living with him in Pocola.
Hargrove testified that on Sept. 16 Southern told him he needed some quick money. He said Collins told him the day after Southern said he needed quick money, he loaned Southern $40.
Hargrove said under cross-examination Collins started ranting and raving about the $40 that he loaned Southern on Saturday, Sept. 19.
“I thought Collins rants were unusual. Collins was getting pretty ridiculous about it so I told him Southern is my best friend. I said I would give him the $40, but Collins said it was the principle of the matter and told me no,” Hargrove said.
Hargrove said on Sept. 21 Collins told him he spoke with Southern and he was going to get his money. He testified that Collins didn’t seem upset or mad.
Hargrove testified Collins asked for a black ball cap and for the directions to Southern’s home. Hargrove said he told Collins to call him when he drove into Muldrow so he could give him directions to Southern’s home but he never called.
He didn’t see Collins until the next morning when he came in to get his work clothes.
“He asked for spray because he had been drinking all night and didn’t want to smell like alcohol when he went to work,” Hargrove said.
The next witness, Ben Fowlkes was called to the stand. Fowlkes was a friend of Southern and testified he saw Collins give Southern a gun that eventually became the murder weapon.
When questioned about his and Southern’s methamphetamine use, Fowlkes testimony changed. Sprouse cut Fowlkes testimony short.
Sprouse ordered a recess and told Fowlkes he needed to visit with the state about what it meant to be under oath, Sprouse said, “because he has lied twice.”
By Tuesday five witnesses had been called to testify. Hargrove; Gary Foster, who gave the .22 magnum revolver to Collins; Oklahoma State Fire Marshal Mike Tubbs; Dillahunty; and Fowlkes.
