MuskogeePhoenix.com, Muskogee, OK

Local News

January 29, 2014

Area man released in wake of shooting

DA: Evidence not enough to file charges

An Oktaha man was released Wednesday after being in custody for almost a week on a first-degree murder complaint.

Justin Capps, 18, was being held without bond at the Muskogee County/City Detention Facility for allegedly shooting and killing  Richard Kosterlitzky, 30, on Jan. 22.

“He has been released pending further investigation,” said Special District Judge Robin Adair. “If later on the district attorney finds further evidence, the case can be filed.”

Muskogee Police responded to shots fired at 11:59 p.m. Jan. 22. Kosterlitzky was found shot to death inside a mobile home at 213 E. Hancock St.

Muskogee County District Attorney Larry Moore said that the homicide was unfavorable, but will not result in a murder charge.

“This death is a very unfortunate situation, but based on circumstances surrounding it, it does nor warrant filing murder charges,” Moore said.

Moore said that the evidence gathered against Capps was not enough to hold him or charge him at this time.

“There are no charges based upon what police officers found at the scene, witnesses presented, and the shooter’s statement,” Moore said.

He also said that there is no statute of limitations on the case.

“It doesn’t mean there won’t be anything filed. The case will be reviewed,” Moore said.

Capps gave a lengthy interview to the Muskogee Police Department. Moore said that Capps said the shooting was in self-defense.

“There are issues in this case of the self-defense nature,” Moore said. “The evidence bears out that there was prior incidents between the deceased and Capps. Those incidents are part of the reason at this time that charges aren’t filed,” Moore said.

Moore said that he does not believe Capps is dangerous.

“We firmly believe this individual is not a threat to the community,” Moore said.

Kosterlitzky was shot two times by shotgun. According to a police report, Kosterlitzky was believed to be visiting his girlfriend who lived at the mobile home.

Capps was believed to be the boyfriend of the mobile home occupant’s daughter.

Moore confirmed that there was a baby present at the time of the shooting. That child was not injured.

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

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