MuskogeePhoenix.com, Muskogee, OK

January 17, 2013

Trial in shooting ordered

Judge rules witness testimony strong enough to go before jury

By Dylan Goforth
Phoenix Staff Writer

— Despite acknowledging “witness credibility issues,” a Muskogee County judge ordered three men bound over for trial in connection with a summer shooting.

Robert Shine, Dionetta Triggs and Calvin Lewis Jr. appeared in court Wednesday with their attorneys to hear a ruling on a request to dismiss the case against them.

Shine, 21, Triggs, 18, and Lewis, 26, were arrested in the June 16 shooting of Tracy Guess, 21.

Guess was shot in the back of the head following an altercation on North 13th Street. He was released from the hospital about 24 hours after the shooting.

Shine is charged with:

• Assault and battery with a deadly weapon.

• Assault and battery with a dangerous weapon.

• Possession of firearms after conviction or during probation.

Triggs is charged with:

• Assault and battery with a deadly weapon.

• Assault and battery with a dangerous weapon.

• Possession of firearm after delinquent adjudication.

Lewis is charged with:

• Possession of firearms after conviction or during probation.

• Reckless conduct with a firearm.

After the three were arrested, police said they were connected to the shooting through numerous interviews. However, when it came time for preliminary hearings, witnesses dried up. Eric Jones, the attorney for Lewis, said Guess had testified that he didn’t see anything and “repeatedly” said he didn’t see anyone with a gun.

“Officers and Guess can’t say Lewis did anything wrong,” Jones said.

Mike Littlefield, who represents Shine, said Guess had testified that Shine wasn’t present during the shooting. Donn Baker, who represents Triggs, said he thought “we probably all know what happened,” but getting witnesses in the courtroom to prove it would be difficult.

But Special District Judge Robin Adair ruled that witness testimony given during the preliminary hearing, although potentially not credible, was enough to send Shine, Lewis and Triggs to trial.

The three men are set for district court arraignment on Feb. 14.   

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