The Oklahoman

Murder charge refiled in 1984 fatal shooting

- Staff Writer nclay@oklahoman.com BY NOLAN CLAY

IDABEL — Thirty-three years after a fatal shooting at a saw mill here, the original suspect has been recharged because of new evidence.

Ernest Alvin Lewis, 65, was charged Tuesday, for a second time, with firstdegre­e murder.

He is accused of shooting a co-worker, Johnny Lee Smith, in the neck about 9:50 p.m. June 28, 1984, at the K.C.S. Lumber Co. in Idabel.

At the time, Lewis was 32. The victim was 26.

Lewis was initially charged with first-degree murder on July 2, 1984, based primarily on witness accounts. A judge dismissed the original charge at a preliminar­y hearing on Dec. 20, 1984, “for lack of evidence.”

Four witnesses had reported seeing Lewis driving a front-end loader erraticall­y after they heard what sounded like a gunshot. They also reported seeing Lewis leave the saw mill moments later in a pickup. He had told another witness he needed to borrow the pickup because he had an emergency at home.

Investigat­ors found a bullet in the front-end loader and suspected — but couldn’t prove — that he shot the victim with a .357-caliber pistol his mother bought from an Idabel pawnshop the month before.

Prosecutor­s Tuesday had to get a different judge’s permission to refile the charge.

“New evidence has been uncovered due to advancemen­t in science from 1984 to 2017,” Deputy Attorney General Joy Lynne Mohorovici­c told the judge. “In this instance, it includes DNA evidence.”

She further explained the victim’s body was exhumed in 2011 to get the DNA evidence.

Mohorovici­c heads the state attorney general’s new Criminal Justice Division. Attorney General Mike Hunter said the division was created to handle the state’s most challengin­g cases.

“This case in particular daunted investigat­ors and prosecutor­s alike. But ultimately their dedication and persistenc­e solved the case,” Hunter said Wednesday.

The DNA evidence establishe­s that it was the victim’s blood that was found spattered on the outside of the front-end loader’s bucket, according to an investigat­or’s affidavit filed with the charge.

Also, a witness reintervie­wed in 2012 remembers seeing Lewis with a .357-caliber pistol at work in the months before the shooting, according to the affidavit.

Lewis has a lengthy criminal record that includes conviction­s for assault, drug offenses and a sex offense. He currently is serving four years in prison in Colorado for a 2012 assault.

He insisted in a legal filing in the original murder case that he “is innocent of all charges.”

 ??  ?? Ernest Alvin Lewis
Ernest Alvin Lewis

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