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February 11, 2012

Trial in fatal shooting set back

Lawyer sought delay after learning client may be Agent Orange victim

By Dylan Goforth Phoenix Staff Writer

— A murder trial has been delayed for a Wagoner County man who may have been exposed to Agent Orange.

The trial for Marvin Gaines, charged with first-degree murder in the shooting death of his wife, was postponed Friday.

Gaines, 63, is charged with shooting his wife, Walter “Mae” Gaines, 49, on March 28, 2010, in their Tullahassee home after an argument. He had been scheduled for the Feb. 21 jury trial docket.

Gaines’ attorney, J. Eric Jones, said he filed the motion for continuance Wednesday in Wagoner County District Court because of new information that had come to light.

Jones said Gaines, a Vietnam War veteran, may be on the government’s Agent Orange exposure registry.

“Unbeknownst to me, he has apparently been exposed to Agent Orange,” Jones said. “He’s sought treatment for that, so I will have to do some investigation into that to see how that might be affecting him.”

The U.S. Department of Veterans Affairs’ website lists 14 diseases related to Agent Orange exposure, including certain types of cancer, skin disease, diabetes and heart disease.

Jones also learned of additional evidence that may exist.

“It came to my attention there was an audiotape of a statement (Gaines) made to the police that I haven’t seen or heard,” he said.

Wagoner County District Attorney Brian Kuester said he wasn’t surprised by District Judge Darrell Shepherd’s decision to postpone Gaines’ jury trial to the next court docket.

“The defense counsel’s concern was that he recently learned about medical, perhaps mental issues, so he requested additional time to explore those issues,” Kuester said. “Any time there might be information out there about a defendant’s mental capacity, a judge will grant that motion for fear of a reversal if convicted.”

The motion also mentions that the state has listed five witnesses not previously identified to Gaines’ counsel.

Gaines is scheduled for the June 18 jury trial docket.

Reach Dylan Goforth at (918) 684-2903 or dgoforth@muskogeephoenix.com.

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