Jury selection is set to begin Monday in the trial of Dondray Lee Fowler, accused of murder in the 2010 Arrowhead Mall shooting.
When the trial ends, prosecutors hope it will put a wrap on one of the most dramatic days in Muskogee’s history.
Fowler is charged with first-degree murder and five counts of assault and battery.
Authorities say Fowler, 21, shot and killed Jarrod Reed, 17, and injured five others in Arrowhead Mall on April 10, 2010, after two groups began arguing and throwing gang signs at each other.
Fowler is the last of five defendants to see his case go to trial or be dismissed, District Attorney Larry Moore said. More than two years after the deadly shooting, Moore said the DA’s office is ready to close the book on the incident.
“Looking at the file, we show at least two incidences of the trial being passed (to the next docket) over the State’s objections,” Moore said. “(Fowler) is being represented by the Oklahoma Indigent Defense system, and what happens is a lot of times they have capital murder cases they’re doing in other counties and while we may be ready for trial, they can’t physically be here.
“But we are ready, and it’s going for sure (Monday.)”
Fowler has been in Oklahoma Department of Corrections custody in Lawton since May 12, 2011. He was moved to the Muskogee County/City Detention Facility Tuesday in advance of Monday’s trial.
Prosecutors said they expect the trial to be lengthy.
“It could take the entire two weeks (of the felony jury docket period),” Moore said.
The felony jury trial docket is set to begin Monday and continue through July 20. With District Judges Mike Norman and Thomas Alford and Associate District Judge Norman Thygesen available, a two-week trial could keep one of three courtrooms busy for the entire docket.
Moore said jury selection could last until Wednesday, with opening statements planned for later in the week.
Public court records show more than 60 witnesses subpoenaed for the trial, including those who were injured during the shooting.
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Fate of others involved
Dondray Lee Fowler is the last of five people arrested in connection to the shooting to see his case move to trial. Among the people whose cases have been adjudicated or dismissed are:
• Tenesha Nunley, 26. Nunley was charged as an accessory to murder and assault and battery with a deadly weapon after it was learned she had helped the shooting suspects avoid arrest. Nunley entered a blind plea of guilty Oct. 28, 2010, and was sentenced to seven years probation Dec. 20, 2010. Moore said he argued for prison time, which also was the recommendation of a presentence investigation report.
Nunley received a one-year suspended sentence March 14 on charges of obtaining cash or merchandise by bogus check, conspiracy to commit obtaining cash/merchandise by bogus check/false pretense and contributing to the delinquency of a minor.
• Anton Nelson, 17, was charged as a youthful offender as an accessory to first-degree murder and assault and battery with a deadly weapon, which Moore said was not chargeable under youthful offender statutes.
However, Nelson was shot and killed Dec. 9, 2011, at 21st and Tennyson streets. No arrest has been made in his slaying.
• Donald Fowler, 39, Dondray Fowler’s father, was charged with obstructing an officer after he reportedly helped his son hide the weapon believed to have been used in the shooting.
The elder Fowler pleaded no contest to the misdemeanor charge on Jan. 11, 2011, and received a one-year deferred sentence.
• Michael Mayberry, 17, was charged initially with first-degree murder and five counts of assault and battery with a deadly weapon. Moore said the evidence didn’t support the allegations lodged against Mayberry, so those charges were dismissed by the state. Mayberry was arrested Feb. 22 and charged with possession of firearms after conviction of a felony or during probation and feloniously pointing a firearm after police said he fired a pistol at a moving vehicle.