James Brooks

James Kyle Brooks

Trial for a man who is accused of fatally shooting his father in a case dating back to 2012 has brought a variety of testimony and seven year old evidence before jurors this week.

James Kyle Brooks faces a charge of first degree murder with deliberate intent, which was put on the books six years later in March 2018. Charges from the State against James Kyle Brooks accuse him of shooting his father, Timothy James Brooks, who died Aug. 8, 2012, after James Kyle took out a $500,000 life insurance policy on his father in 2010. Brooks previously pled not guilty.

Brooks is represented by Martin Law Office out of Oklahoma City. Mack Martin leads the defense in this case.

The State, represented by Assistant District Attorney Cortnie Siess and Bobby Lewis, called their first witness to the stand Tuesday. Marlow Dispatcher Tammy McCormick took the stand and testified about her five years on the job.

Lewis asked the witness about keeping records and she said while she was not employed with dispatch at the time of the death in 2012, certain records were still available.

According to McCormick, call logs from Aug. 8, 2012, indicate a call of an unattended death. She said the caller was Kyle Brooks, and the call came in at 11:27 a.m. the same day his dad died. Records reflect the first police officer arrived on scene only two minutes later at 11:29 at the residence, located at 506 W. Chickasaw Street in Marlow.

While the call logs are still available, McCormick testified recordings were not because they have changed to a new system which only keeps calls for around two to three years.

The State’s second witness came in, Jimmy Williams, who now serves as the Undersheriff for Jefferson County. Williams, at the time of the death in 2012, was the Chief of Marlow Police. He had been in that capacity from 2009 and served until 2015.

Williams told the state that while the system was new, he had a copy of the 911 call that was made on Aug. 8, 2012. Williams said he kept a copy of the call on the computer he had and was able to provide that later as evidence.

That call was played in court on Tuesday for the jury. James Kyle can be heard on the call panting and sounding distressed. He advises the dispatcher his dad had just shot himself. “Dad? Dad?” and “Oh God” are heard on the call before he tells dispatch “He’s not breathing … please hurry, he’s not breathing.” James Kyle tells them when police pull up and the call with dispatch is ended.

Williams was let go from the stand at the moment when the call recording was finished but was subject to recall later on in the trial.

The first day’s third witness appeared in Elvis Walker, who now serves as the Marlow Police Chief, though at the time of Timothy’s death he was the Assistant Police Chief.

In questioning with Lewis, Walker reveals he met James Kyle outside of the residence at 506 W. Chickasaw. He said James Kyle didn’t identify himself yet, but only told him his dad had shot himself.

The two enter the home and immediately, James Kyle picks up the gun to move it. He was told to put the gun down and did so. At some point, James Kyle was asked to step out of the home and sit in his truck, which was parked in the driveway.

Walker said he checked Timothy for vitals and found none. A picture of the deceased was then admitted as evidence in the trial. More pictures of the scene showing Timothy slumped in his orange chair with a gun shot wound to his abdomen and the weapon on the floor beside him along with a spent shot gun shell which was located to the left of the deceased were also admitted. The pump action shotgun located on the floor and a billfold and its contents — containing a lot of cash and un-cashed mineral rights checks — were also admitted as evidence to be considered.

Walker said Investigator Antonio Aguilera took over investigating the scene while Walker took over securing the scene.

Walker also testified before James Kyle had moved the gun, it was rested on Timothy, shotgun butt end on the floor and the barrel resting near the deceased’s left shoulder.

When the defense began their line of questioning, Martin asked Walker if he knew Timothy’s sister, Kay Fowler. Walker advised he knew her a long time and when asked if he was aware of Timothy’s mental health issues, Walker advised he remembered “hearing” about it. He said he’d only seen Timothy’s sister once or twice within the last year and he did talk with her about the case but can’t remember what she said.

Walker also told the defense he ran the point on keeping a log for members of law enforcement entering and exiting the scene. He clarified for Martin the barrel of the pump action shotgun was toward Timothy’s head and the stock was between his legs before James Kyle picked it up. He also clarified James Kyle was asked to leave after putting the weapon down by Detective Aguilera, and James Kyle complied. Walker testified the defendant never re-entered the home while Walker was on scene.

When asked if Walker had ever responded to Timothy’s home before for mental health reasons, he said no and there wasn’t record of being contacted previously. 

A large portion of the case revolves around the spent shot gun shell resting on the floor to the left of Timothy. The exit port for the gun is located on the right side of the gun, and because the gun is a pump action, the gun has to be manipulated or hit with enough force to eject the spent shell. Another portion of the case is that a new shell had been loaded into the chamber, and in a pump action shotgun, it would have to be manipulated or picked up by the forearm to initiate the reload.

Walker testified to not seeing the defendant manipulate the pump action shot gun when he picked it up to move it, which the defense argues could have been when it was accidentally reloaded, though a police interview with James Kyle later in trial will bring a second possibility of how it was reloaded into play.

Testimony from Investigator Aguilera along with Day 2 testimonies from other witnesses on Wednesday will appear in the Friday edition of The Duncan Banner or online Thursday evening. Trial for Brooks continues tomorrow at 9 a.m.

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