Fears Found Guilty
by Monica Keen, Staff Writer
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It took jurors less than three hours Thursday to reach a verdict of guilty to 17 counts in the first-degree murder trial of Daniel Hawke Fears.

Fears, 20, was facing life in prison for the 2002 shooting deaths of Patsy Sue Wells of Sallisaw and Reba Spangler of Fort Smith, Ark., in a shooting spree that began in Sallisaw. He was also accused of wounding eight others in the Oct. 26, 2002 tragedy.

The jury had the option of finding Fears not guilty by reason of insanity, which was the basis of Fears' defense.

The jury heard closing arguments Thursday morning and went into deliberations at 12:42 p.m. The jury filed back in the courtroom to render their verdict at 3:03 p.m.

Before a hushed crowd, District Judge John Garrett told the court that it was a highly emotional situation and case.

"The court will not tolerate any outbursts whatsoever," Garrett said.

The jury found Fears guilty on two counts of first-degree murder for the shooting deaths of Patsy Sue Wells of Sallisaw and Reba Spangler of Fort Smith, Ark. The jury recommended life without the possibility of parole as punishment for the first-degree murder counts.

As the judge began to read the third count, Fears' father, O.T. Fears, ran out of the courtroom, holding back tears. When he got outside the doors of the courtroom, O.T. Fears could be heard screaming, "No! No!"

The families of Patsy Sue Wells, Reba Spangler and other shooting victims lowered their heads and cried as the remainder of the verdicts were read.

The jury found Fears guilty on eight counts of shooting with intent to kill, and recommended the maximum punishment allowed by law, which is up to life in prison.

The jury found Fears guilty of five counts of drive-by shooting, and recommended the maximum amount for each count, which is 20 years. An 18th count of drive-by shooting was demurred, or challenged, during trial because the prosecution did not present enough evidence, Sequoyah County District Attorney Richard Gray said.

"He (Fears) didn't shoot at him (Michael Dan Girty)," Gray said as the reason for the demurred count after the trial.

The jury found Fears guilty of one count of feloniously pointing a firearm. The jury recommended the maximum punishment, which is 10 years in prison.

The jury found Fears guilty of one count of discharging a firearm with intent to kill. The jury recommended the maximum punishment, which is life in prison.

Fears' attorney, Rob Nigh, sympathetically looked back at Fears' mother, Oralia Fears, after the verdicts were read. Oralia Fears kept her composure throughout the reading of the verdict.

The defendant rested his chin on his left palm as the verdicts were read.

Judge Garrett polled the jury to confirm their votes. All 12 jurors said it was their vote to all 17 counts.

Judge Garrett ordered a pre-sentencing investigation prior to formal sentencing, which is set for 9 a.m. Dec. 9.

"I don't know how you could ask for anything more," Elvie Wells, the widower of Patsy Sue Wells, said after the hearing.

Wells said he feels sorry for Fears' family, "but at the same time, he did what he did and he has to pay for it."

"I think the jury spoke and they said they didn't believe the defense's defense," Gray said. "His actions proved he knew right from wrong."

Gray said Fears was mentally ill, but he was not insane at the time of the shootings.

"We certainly got justice in this case," Gray said. "I feel like the jury heard all the evidence and the evidence did not fit the defense."

"The evidence fit our case, the prosecution's case, to a T," Gray said.

Nigh, who looked emotionally defeated as he walked back up the stairs of the courthouse after the verdict was read, said he didn't know what to say about the verdict.

"We will appeal," Nigh said.

Nigh would not reveal the grounds on which the appeal will be based.

For the complete news story, see the Sept. 26 edition of Your TIMES.

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