It took jurors a little over an hour to decide the fate of Daniel Allen Moore, 48, who, along with his wife, Rosella Sue Moore, 47, was arrested on first-degree murder charges in June 2003 following the fatal shooting of Garade Jean "Dee Dee" Girsback, 24, of Gore.
The six-woman, six-man jury recommended a punishment of life in prison without the possibility of parole. Moore waived his right to a pre-sentencing investigation, and Associate District Judge A.J. Henshaw immediately sentenced Moore to the recommended sentence.
According to court records, the shooting occurred at about 9 p.m. June 10 when Girsback, the mother of two young daughters, was babysitting at a home on Golden Pond Road northeast of Moonshine Road near Vian.
Daniel and Sue Moore allegedly went to the residence to speak to Girsback about her two children when the shooting occurred. The Moores, Girsback's aunt and uncle, were often allowed to take care of Girsback's children for lengthy periods of time, according to court records.
The defense claimed that the shooting was an accident. Defense attorneys said that Moore slammed his gun down on the hood of his vehicle, a bullet discharged and ricocheted off the hood of the truck and struck Girsback in the chest, killing her.
The prosecution maintained that Moore went to look for Girsback with the intent to kill her. Prosecutors said Danny Moore drank alcohol, shot firearms, and made statements about what he was going do to Girsback on the night of the shooting.
The jury went into deliberations at 4:13 p.m. Wednesday and came back with their verdict at 5:21 p.m. When the jury first returned with the verdict, they had not filled in the punishment portion of the verdict form and were ordered back to the deliberation room.
The jury also had the options of considering second-degree murder, and first- and second-degree manslaughter, as well as not guilty.
Judge Henshaw told Moore that he had 10 days to file a notice of intent to appeal the verdict.
"I'm thrilled to death," Debra Blackwood, Girsback's mother, said after the verdict was read. "I'm very satisfied."
Jeff Sheridan, assistant district attorney, remained confident the jury would return a verdict of guilty to first-degree murder. "I thought it was a clear case," Sheridan said. "He (Moore) went there to murder Dee Dee (Girsback)."
Sheridan said he was not surprised Moore waived a pre-sentencing investigation because Moore is a three-time convicted felon out of Florida. He said Moore had previously been convicted of robbery, assault with a dangerous weapon, and first-degree burglary, but Sheridan said the prosecution was unable to use those charges to enhance his punishment.
He said all of Moore's negative history would have been included in a pre-sentencing investigation report, which would have been to Moore's detriment.
"Once again, Sequoyah County is ready to meet out the necessary punishment," Sequoyah County District Attorney Richard Gray said.
Gray said Sequoyah County residents are holding criminals responsible for their actions.
"It's a great victory," Gray said.
John Sawney, one of Moore's attorneys, said he and Gerald Hunter, defense attorney, were surprised with the jury's verdict.
"We're disappointed in the verdict," Sawney said.
He said he felt like this was a case which presented alternatives other than murder in the first-degree.
"We're planning on appealing," Sawney said.
Sawney said while it was unusual for Moore to request to be sentenced automatically, Moore felt like his time would best be spent on an appeal.
Sawney said Moore did have former convictions that were old and it would not have been proper for them to come out in the trial.
"We do believe there are issues that a higher court should hear," Sawney said. He said he and Hunter will not handle the appeal to the appellate court. There is a special division of the Oklahoma Indigent Defense System that handles appellate cases.
Moore's wife, Rosella Sue Moore, is also charged with first-degree murder. She was out of jail on bond and attended the last day of her husband's trial. As the judge re-read the verdict, Rosella Moore began sobbing. Her trial is expected to be placed on the spring jury docket, officials said.
"An enemy can be those who hate us and those we hate," Doug Kirkley, assistant district attorney, began his closing argument. "Hatred has a lot to do with this case."
Kirkley argued that Moore's motive for killed Girsback was his desire to have custody of Girsback's children, especially her oldest daughter, Abby, with whom he had spent more time.
Kirkley said Moore's threatening words before the shooting showed malice aforethought, which is one of the elements of first-degree murder. He said Moore was heard saying he was going to blow Girsback's head off.
He said Moore showed a disregard for human life. "His story was, 'I didn't intend to kill her,'" Kirkley said.
Kirkley said while the state believed they had met their burden of proof for first-degree murder, he also went through the elements of the lesser charges offered to the jury. He told the jury if they were going to believe Moore's story, which is he was mad, got out of the truck with a loaded pistol, banged the gun on the truck while it was pointed in Girsback's direction, and it accidentally fired, his actions were at least second-degree murder.
Kirkley said Moore's reason for going to see Girsback was to invite her to a barbecue at the Moore home to be with her children.
"He went over there to terminate her life and get her out of the way," Kirkley said.
Kirkley said it was not about the safety of the children or Moore trying to keep the children out of danger.
"It was about him, him, him - getting rid of her," Kirkley said.
Sheridan suggested that no one heard Moore banging the gun on the hood prior to the gun being fired. He suggested that Moore manipulated the hood of the truck after the shooting. He noted that the gun used was a single-action pistol and the hammer had to be cocked back in order for the gun to fire.
"Think of how perfect things would have been for her to be shot," Sheridan said.
"I submit, it was absolutely impossible. If it was an accident, where was the aid that was rendered? Where were the police officers that were called?" Sheridan said.
Sheridan said Moore was a man who committed murder and was trying to hide it.
"This murder was over a custody matter. Period. That's what it's about and nothing more," Sheridan said.
He asked the jury to recognize Moore's acts for what they were.
"He took everything she had. He took her life, he took her memories, he took her happiness," Sheridan said.
"I want you to know this defendant chose his path. He walked his path. He pulled out a gun and blew her away. He drove away and left her there. He had no sympathy for Dee Dee. I ask you to have no sympathy for him. Your duty is clear - convict this man of murder in the first degree."
Hunter said Moore admitted Girsback died from a bullet from his gun, but the jury needed to consider the credibility of the witnesses and the weight given to each. Hunter went through the list of witnesses, and each time asked if there was any probable cause for first-degree murder.
Hunter depicted Moore as being upset, so upset that he went to a neighbor's home afterward and even threw up, telling the neighbor there had been an accident.
Hunter said the state did not do their job in proving beyond a reasonable doubt that Moore murdered Girsback in the first-degree.
Hunter said the prosecution suggested that a second shot put the dent in the pickup to substantiate that Girsback's death was an accident. Hunter said testimony shows that no one ever heard a second shot fired.
He said Moore had nothing against Girsback, except her way of life, and he was so concerned about the children that he and his wife had visited with the Department of Human Services 13 times.
"That was a ricochet bullet that killed Dee Dee," Hunter argued.
He told the jury they didn't have to look at a first-degree murder conviction, but could also consider the other possibilities, or find Moore not guilty.
