— A Muskogee man’s testimony Wednesday at the murder trial of Dondray Fowler resulted in a request for a mistrial.

The fifth day of testimony marked the first official day Fowler’s attorneys were allowed to call witnesses. Fowler is charged with the April 10, 2010 shooting that killed Jarrod Reed, 17, and injured five others.

An expert defense witness from Las Vegas was allowed to testify out of time Monday because of scheduling conflicts.

Wednesday’s final witness was 19-year-old Martin Miller, who testified he didn’t know if Fowler was a member of the “southsiders” gang and said he couldn’t remember if Fowler had said anything to “northsider” gang members prior to the April 10, 2010 shooting. Miller testified he was with Fowler, Michael Mayberry and Anton Nelson when Fowler allegedly shot and killed Reed and injured five others.

As Muskogee County District Attorney Larry Moore was cross-examining Miller, Moore brought up Miller’s pending murder case.

“Isn’t it true you’re currently charged with murder first-degree in Muskogee County?” Moore asked Miller.

Miller, held without bond in the Muskogee County/City Detention Facility, is one of six defendants charged with first-degree felony murder in the Nov. 23 slaying of Ryan Satterfield. Though currently incarcerated, Miller was allowed to enter the courtroom in street clothes without an escort by a deputy.

One of Fowler’s attorneys, L. Wayne Woodyard, raised an objection to Moore’s question. Martin answered ‘yes’ to Moore’s question before Associate District Judge Norman Thygesen could rule on the objection.

Moore, Woodyard and Fowler’s other attorney, Peter Astor, met for more than 30 minutes before Miller’s testimony continued. Astor confirmed after jurors left Thygesen’s courtroom that he and Woodyard had requested a mistrial, which was denied.

When jurors and attorneys returned to the courtroom, Moore asked Miller again if he was charged with first-degree murder. Miller again answered ‘yes.’

Woodyard asked Miller if his murder charge affected the honesty of his testimony regarding the mall shooting.

“No sir,” Miller replied.

Moore’s question to Miller about the status of his pending murder charge came after Miller testified he recognized several “northsiders” following him, Fowler, Mayberry and Nelson at the mall the day of the shooting. Miller told Woodyard, and later Moore, he couldn’t remember if Fowler had said anything to the group of “northsiders.”

“We were trying to avoid confrontation with them,” Miller said.

Moore gave Miller a copy of a statement Miller wrote for Muskogee police on April 15, 2010, that said Fowler had yelled “southside” to the alleged northsiders before the shooting happened.

Moore handed Miller a copy of the 2010 statement Miller gave police and asked Miller if he remembered writing that Fowler had yelled “southside.”

“It’s coming to my memory,” Miller said.

Moore said Miller’s written statement, parts of which were read in front of the jury though not permitted to be submitted as evidence, stated “Dre” (Dondray Fowler) was getting into it with “Rod” (Jarrod Reed).

Miller’s statement also said, “Dre said, ‘Just come outside,’ and then he was shooting,” Moore said.

“Would your memory be better two years later or five days after it happened?” Moore asked Miller.

“A lot’s been happening in two years, sir,” Miller said.

When the state rested its case at 2:30 p.m., Moore announced he was requesting one of the assault and battery with a deadly weapon charges against Fowler to be dropped because they did not present any evidence about Dorion Martin, who was injured in the shooting. That charge was dropped.

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