Collins
David Dwayne Collins, 35, of Pocola was arrested Oct. 1 in Fort Smith, Ark., for the shooting death of Shannon Bryan Southern, 20, of Muldrow. Southern’s body was found Sept. 22 in his burned home on Lee’s Chapel Road, southeast of Muldrow. Collins has been held without bond in the Sequoyah County Jail since his arrest.
Collins is being represented by Oklahoma Indigent Defense System (OIDS) attorneys John Echols and Gretchen Mosley, along with Matt Ordendorff of Sallisaw, who is working with OIDS attorney’s pro-bono. Special District Judge Dennis Sprouse listened as the prosecution attorney, John David Luton, first assistant questioned the first witness.
In January when the preliminary began 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 Collin’s motorcycle and the two swapped vehicles, that left Collins with an S-10 pickup truck, she said.
Luton previously said he has not decided whether the state will seek the death penalty.
About 20 family members and friends of Southern’s were in the courtroom, a few wiping away tears or openly crying as the state called the first witness Tuesday.
Shawn Ward, Oklahoma State Bureau of Investigation (OSBI) special agent, was called to testify a little after 9 a.m. and was on the stand until 3 p.m. Luton asked Ward to explain what led OSBI and Sequoyah County Sheriff Deputies to arrest Collins. Luton alleges Collins shot Southern in a dispute regarding a $40 loan.
Ward explained that Collins was interviewed three times. Ward told the court that during the first two interviews Collins denied seeing Southern around the time of his death. Ward said during one of the interviews Collins said he learned of Southern’s death through Corey Hardgrove, who Collins was renting a bedroom from and who is also a life long friend of Southern’s.
Ward testified that during the third interview, conducted Oct. 1 at the Fort Smith Police Department, Collins allegedly told him the events that happened the night of Southern’s death.
“Shannon (Southern) requested to get meth from Collins. He (Shannon Southern) mentioned wanting to get an eight ball of methamphetamine from Collins and Collins told Southern he needed $230,” Ward testified.
That transaction did take place, Ward said. Sometime during the transaction Southern asked to borrow money and Collins told Southern all he had was $40. Collins gave it to him and Southern agreed to pay him back the following Sunday, Ward said.
After several failed attempts to make contact with Southern to get his money back, Ward testified, Collins said he traveled to the area where Southern lived, on the morning Southern died. Collins explained in the interview that he saw Southern’s truck but drove past his driveway then turned around and went to Southern’s home, Ward said.
Ward testified that Collins admitted during the interview he had a .22 magnum revolver in the waistband of his sweat pants. Ward said Collins said he (Collins) knocked on the door of Southern’s home repeatedly. He told authorities he heard a voice that told him to hold on. Collins said he believed Southern was retrieving money. According to Ward, moments later Southern opened the door and allegedly hit Collins on the head with a .380 automatic pistol, “then the two men began to fight,” Ward explained.
Collins said as the two struggled, the .22 magnum revolver Collins had in the waistband of his sweats pants fell on the floor, Ward testified.
Ward said Collins claimed the gun fired a shot and hit Southern—twice. He said Collins admitted that when he realized Southern had been shot he panicked. Collins allegedly grabbed both guns, the one Southern allegedly had and the .22 magnum revolver. He said Collins admitted to becoming frightened and concerned about leaving behind evidence so he grabbed a gasoline can and poured the gasoline in the living room area then lit the gasoline.
“Collins said during the interview he threw the guns over the Garrison Creek Bridge as he was entering Fort Smith,” Ward said.
In day three of what is expected to be a seven-day preliminary hearing, the defense raised questions about whether the suspects actions could have been self-defense.
Echols began his cross-examination of Ward by asking Ward if he understood the rules of engagement. He began sketching out a case, which depicts a scenario where Ward was faced with a man holding a gun.
“If you feel like your life is in danger…” Echols said.
“Objection your honor I don’t see the relevance,” Luton said.
Sprouse told Luton that Echols is entitled to present a theory of defense and Echols was allowed to carry out the scenario.
He said, “What if I walked up to you with a gun and you felt threatened. If you shot me would that not be legally justified because I made a lethal threat?”
“If I took my weapon and slapped you up the side of the head with it what would be your response? Echols asked Ward.
Ward told Echols that after the Jan. 25 preliminary, Southern’s family found a BB gun in Southern’s truck. He also said he was informed by Southern’s family that Southern never owned any guns except BB guns.
Ward will be called back to the stand on Friday to testify about the supplemental report about the BB gun.
