Shane Josiah Kirk, a man accused of killing his step-father and his wife, could face the death penalty if he is found guilty of the double homicide.
Kirk is being charged with two counts of murder in the first degree with deliberate intent for the alleged shooting death of his wife, Jessica Kirk, and his step-father, Dennis Duncan.
Stephens County District Attorney Jason Hicks filed a Bill of Particulars Aug. 2, stating Kirk should be punished by death because he “knowingly created a great risk of death to more than one person” and the murders of Jessica Kirk and Dennis Duncan were “especially heinous, atrocious or cruel.”
Records obtained from the Stephens County Courthouse show an affidavit of service of the Bill of Particulars was filed in the court clerk’s office on Aug. 16, acknowledging Kirk had been served while in jail.
Justin Scott, Chief Investigator for the Sixth District Attorney’s Office and Director of the Drug and Violent Crimes Task Force, served Kirk with the paperwork, according to records.
When asked if he could read the paperwork, Kirk replied yes. Scott then explained the paperwork, stating the Bill of Particulars was a notice the State of Oklahoma will seek the death penalty in Kirk’s case. They shook hands, and Kirk returned to his cell.
Kirk, who was 34 at the time of the alleged killings, previously wrote a letter to Judge Ken Graham dated June 2, 2019,
asking if he could direct his lawyers in his defense.
“Your honor,” reads the letter. “Good day. A question if you please. Do I have the right to direct my lawyers in how to present my defense? Can I participate in the presentation during trial? See back for detail.”
On the back of the letter it reads: “1) Can I tell my lawyers what evidence to include and at which point? In other words can I act as lead counsel with my indigent attorney’s? Can I present my own defense without firing them?
“2) If so, how do I assert my desire to do so in the face of reluctant counsel? Thank you Your Honor. Respectfully, Shane Kirk, SSG, US Army Retired. (SIC)”
Original police reports show the first call came into dispatch around 6:45 p.m. Nov. 29, 2017 from a male who advised his wife and step-father were dead. A second call came in at the same time from a woman advising she needed an ambulance and her son had just shot her husband. It was later determined Kirk was the first caller and his mother was the second caller.
Authorities working the scene in the 1400 block of Mimosa later identified Duncan as apparently dead with bullet wounds. Jessica Kirk was found in the residence apparently dead with bullet wounds and a gun was found next to her body.
Kirk was arrested at the scene. In an interview with investigators, Kirk twice denied shooting or knowing who shot the pair. Authorities told Kirk during the interview his mother saw him holding the gun, and according to court documentation, Kirk told police if his mother said he had shot them, then it was true but he did not remember it. The interview with law enforcement was terminated by Kirk shortly after making this statement, reports show.
Kirk, who was denied bond, admitted in a court of law that at one point he had been treated for mental health issues. Reports from family members on the shooting also indicate Kirk suffered from PTSD and believed he was being poisoned, according to the original affidavit.
In July 2018, Kirk was deemed incompetent to stand trial. That changed in November 2018, when it was ruled Kirk was indeed competent for trial.
Kirk is set to be formally arraigned at 1:30 p.m. Aug. 22. It is uncertain at this time when Kirk will appear for trial.