Brothers, Sisters Face Off In First-degree Murder Trial
by Sally Maxwell, Managing Editor
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Brothers and sisters faced off in the first-degree murder trial of Schuyler "Woody" Scarborough of Vian Tuesday.

Scarborough is charged with the first-degree murder of his father, Chester, on May 31, 2003, at the elder Scarborough's home in Vian. Chester Scarborough, who celebrated his 69th birthday three days before his death on May 31, was found bleeding to death from 13 stab wounds in his home by neighbors.

Schuyler Scarborough was arrested early on June 2 in the apartment of a friend where he had sought refuge the day before.

Scarborough is acting as his own attorney in his trial.

Some of the last witnesses called by the prosecution were his brother, Jason Scarborough, an Oklahoma Highway Patrol trooper from Claremore; his sister, Carlotta Scarborough, former Vian mayor; and a second sister, Bernadette Scarborough, who broke down as she testified.

Prosecutors Kyle Waters, assistant district attorney, Donovan Dobbs, first assistant district attorney from Wagoner, asked all three what they hoped to see happen to their brother if he is found guilty.

All three said the same - a life sentence without the possibility of parole.

Carlotta Scarborough testified, "Giving him the death penalty is not going to bring my father back...I have buried enough family members. I lost my mom eight months before (her father's death.)"

The prosecution called several witnesses who testified that, on the evening of May 31, 2003, Woody Scarborough and Chester Scarborough got in a fight over Woody's dog, which he was tying up in the front yard.

The argument escalated and moved into the house, witnesses testified, and one witness said he ran to the front door of the home and saw Woody Scarborough kneeling over his father who was laying on the floor. The witness testified that he saw Woody Scarborough's arm pumping, but could not see what was in his hand or what the younger Scarborough was doing to his father.

Other witnesses testified Woody Scarborough sought money from them or asked for a ride into the woods north of Vian.

Edgar A. Brown, a Vian resident, testified he came home late Sunday night (June 1) and found Woody Scarborough in his apartment. Brown testified Woody Scarborough asked if he could spend the night on the couch, and Brown said yes.

Brown testified he went to work the next day and found out Woody Scarborough was a suspect in the stabbing death of Chester Scarborough. Brown said he called Vian police and Scarborough was arrested without incident at Brown's apartment. He has remained in jail since.

The most dramatic testimony erupted when the three Scarborough siblings testified and were then questioned by their brother acting as his own attorney.

Jason Scarborough testified he drove down from Claremore as soon as he heard of his father's death.

To questions from the prosecution, Jason Scarborough said his brother was in the Vian jail when he visited him "He was crying a lot and shaking a lot," Jason Scarborough said.

But Associate District Judge A.J. Henshaw wouldn't let the prosecutors ask about the conversation between the brothers.

Woody Scarborough then questioned his own brother.

Jason Scarborough testified under that cross examination, "I asked you if you killed father. You dropped your head and said 'Yes,' and I prayed with you."

Jason Scarborough said he was not there as an OHP trooper.

"I was there as your bother and a son, trying to find out what happened," Jason Scarborough said.

Woody Scarborough, directing his own questions to his brother, said the statement was hearsay evidence.

Under re-direct examination, Jason Scarborough testified about his brother's possible punishment, "I would want the maximum he could get."

Bernadette Scarborough, who is confined to a wheelchair, said there was a lot of bickering between her father and Woody Scarborough. She testified her father called her in late 2002 and told her, "Your brother must be crazy because he put a knife on the table and said it was time to join his wife."

Woody Scarborough was convicted in 1988 for the shooting death of his common-law wife, and was sentenced to 20 years. He was released on May 21, 1997.

Bernadette Scarborough said she once heard her brother say, "It didn't make a difference whether he killed one of us or all of us."

Carlotta Scarborough testified she also knew there were altercations between her father and brother, but her father didn't want to call police.

Her father, she said, suffered from diabetes, hypertension and arthritis, and was crippled due to the diabetes.

She testified her brother threw her father to the floor once, and she did call the police.

Carlotta Scarborough said when she visited her brother in jail after her father's death, Woody Scarborough was "real withdraw, crying and curled up in a fetal position.

"I told him 'I hate what you did, but I forgive you.'"

Carlotta Scarborough said her brother said he was sorry and he wanted her to also tell Jason Scarborough that he was sorry.

The prosecution's last witness, Jerome Lee Olive, said he was a neighbor of the Scarboroughs. He said he "heard a commotion" at their home on May 31 and went to see what was going on. He testified he found Chester Scarborough on the floor, bleeding profusely. He said he tried to stop the bleeding with a towel from the bathroom.

He testified that Chester Scarborough "mumbled Woody's name two times." Olive said Chester Scarborough did not speak again.

Woody Scarborough challenged the witnesses on the times and dates of his father's death, and questioned the legalities of a search warrant for the Scarborough home. He also complained to Judge Henshaw that he did not have a list of endorsed witnesses, which Henshaw then had the prosecution deliver to him.

Judge Henshaw recessed the trial until 9 a.m. Wednesday because Scarborough's witness, David Nelson, was not present on Tuesday afternoon.

For a complete report on the Scarborough trial see the Sept. 23 edition of Your TIMES.

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