MuskogeePhoenix.com, Muskogee, OK

Local News

January 23, 2014

Man found shot dead on Hancock

Oktaha man held in first slaying of 2014

An Oktaha man is being held without bond on a complaint of first-degree murder.  

Justin Capps, 18, is being held in the Muskogee County/City Detention Facility.

Richard Kosterlitzky, 30, was found shot to death inside a mobile home at 213 E. Hancock St. The shooting was believed to have stemmed from an ongoing dispute between Kosterlitzky and Capps. Capps is believed to be the boyfriend of the daughter of Kosterlitzky’s girlfriend, stated a media release from the Muskogee Police Department.

Rachel Peterson, Kosterlitzky’s older sister, said he will be missed.

“I’m at a loss right now. We were very close,” Peterson said. “I can’t believe he’s gone.

“He was very smart, a good friend to have and a good brother to have.”

Peterson said Kosterlitzky always put family first.

 “He loved his family, that’s for sure. His family was everything to him.”

Special District Judge Robin Adair ordered Capps to be returned to court at 3 p.m. today.

The slaying is the first in Muskogee in 2014. The shooting took place at 11:59 p.m. Wednesday. Officers responded to a disturbance with shots fired inside the mobile home.

Nick Kucera was in the neighboring home watching a movie with his son when he heard the disturbance.

“I’m over here keeping my son, we were sitting here last night, watching a movie and I heard something, just pop-pop,” he said.

“It kind of sounded like gunshots to me, muffled, like really muffled.

“I peeked my head out the door, I hear some guy screaming, ‘Why did you do this to me? Why’d you do this to me?’” Kucera said.

Kucera also saw two females and a child at the mobile home where the disturbance took place.

“Two girls came out, one with a little baby and puts her in the car seat, or him or whatever it was. Then, another girl came out and threw herself on the hood of her car or whoever’s car that green one is, and was screaming and stuff.”

Kucera said he heard one of the girls speaking about the incident.

“Then, when that girl with the baby was fixing to leave, she said something like, ‘I’m going to tell the truth about what happened.’ Then she left, and the cops stopped her.”

Capps was arrested at the scene and taken into custody by the Muskogee police.

“When the cops came, some kid came out, the guy with a cell phone in his hand, with his hands up, they made him get down on the ground. They handcuffed him and everything,” Kucera said.

Mike Littlefield, Capps’ attorney, spoke to Adair about Capps’ reputation in the community.

Littlefield said that Capps was an honor student and graduate of Oktaha High School.

“I certainly think that there are going to be issues that are going to be raised,” Littlefield said.

Littlefield expects the charges will be filed soon.

“Formal charges have not been filed, and they anticipate they will be,” he said.

District Attorney Larry Moore said he didn’t have the official report but was going to speak with the investigators.

“We don’t have a report yet, but I have a meeting at 9 (a.m.) with investigators to brief me on the evidence,” Moore said.

Moore said the meeting would help determine the next move in the case.

“Whether we continue to hold the defendant on criminal charges or have to release him — if we do have sufficient evidence we will charge him,” Moore said.

Moore will review the evidence to determine what charges will be filed against Capps — murder or manslaughter — or determine the shooting was in self-defense.

No other arrests have been made, Moore said.

Kosterlitzky was in Muskogee County District Court on Wednesday where he was found guilty of a felony count of being a sex offender living within 2,000 feet of a school. His sentencing had been postponed until a later date.

 Reach E.I. Hillin at (918) 684-2926 or ehillin@muskogeephoenix.com.

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