Gore Man Will Not Face Death Penalty In Shootings
8 years ago | 729 views | 0 0 comments | 0 0 recommendations | email to a friend | print
A Gore man will not face the death penalty on charges of allegedly killing three people in Tulsa on Feb. 22, prosecutors said Dec. 12.

James Kidwell, 32, is accused of fatally shooting Fred Barney, 50, his ex-wife, Rebecca Barney, 42, and Kenneth Maxwell, 24. Police believe the Barneys were shot inside their home, which was then set on fire. While leaving the scene, Kidwell allegedly shot Maxwell, a passerby who saw the fire and called 911.

Kidwell's trial is set for June 7 before Tulsa County District Judge Jesse Harris.

If Kidwell is convicted, the jury will decide between life with or without the possibility of parole.

In July, Tulsa County Special District Judge Clancy Smith found sufficient evidence to order Kidwell to be held on three counts of first-degree murder, but noted that "all the evidence is circumstantial" in the case against Kidwell.

All three victims were shot in the head, but investigators have not recovered a murder weapon. There was no sign that the killer forced his way inside the home. Other valuables were not taken, but part of a computer containing the hard drive was missing.

Authorities testified in July that a computer was recovered Feb. 26 from a bedroom at the residence near Gore where Kidwell lived. An investigation into the activity of the Internet screen names of Kidwell and Rebecca Barney showed that they had communicated by e-mail and instant messages.

Two witnesses at the July hearing identified Kidwell as being with the Barneys at a bar the night of Feb. 21.

When Tulsa police questioned Kidwell on Feb. 26 in Gore, he said he went with the couple to an Irish pub and left about 1:45 a.m.

Kidwell said he went with the Barneys to their home after leaving the bar, but only stayed at the residence for five or 10 minutes, and denied having sex with Rebecca Barney, police said.

A DNA analyst for the Tulsa Police Department laboratory said at the July hearing that tests revealed the presence of seminal fluid on several locations in Rebecca Barney's body. Kidwell could not be excluded as the source of DNA that was detected when swabs of Rebecca Barney's neck tested positive for saliva.

After an experiment that lasted several months, the editors at Your TIMES decided this week to end the practice of allowing anonymous comments on our website because most of the comments involve personal attacks and unfounded accusations. These comments do not add information to a story, or add any true insight. While we believe in the free exchange of ideas, it had become evident that was not what was happening in the comment section of our website. Readers can also become fans of Your TIMES on Facebook and may comment on our postings there. Readers are also encouraged to write letters to the editor to the newspaper about matters of public interest. The newspaper circulation is several times that of the web site, so readership is much higher. Letters must include a name and phone number so that we may contact the writer to verify authenticity of the letter. Letters are limited to 500 words and one letter per writer per month is accepted.