Death penalty sought in fatal shooting of police officer
SHAWNEE — Wounded Tecumseh police officer Justin Terney feared he was dying in the moments after a shootout late March 26.
“Stay with us. Help is coming,” Lt. Mike Mallinson told his wounded colleague, according to testimony Thursday. The lieutenant explained to a judge he was trying to keep Terney awake.
“Mike, I think I’m going out,” Terney replied, according to the testimony. Terney, 22, died the next day at a hospital.
The testimony came during a preliminary hearing Thursday for murder defendants Byron James Shepard, 36, and Brooklyn Danielle Williams, 23.
Prosecutors announced Thursday they are seeking the death penalty against Shepard, who is accused of fatally shooting Terney in the abdomen and leg. Prosecutors allege Shepard is a “continuing threat to society.”
Shepard, of Okemah, is charged with firstdegree murder. Williams, of Tecumseh, is charged with second-degree murder. At the hearing’s conclusion, Pottawatomie County Special Judge David Cawthon found there was enough evidence to send their cases to trial.
The shooting
Terney pulled over a vehicle driven by Williams late March 26 in Tecumseh. Shepard was riding in the car with Williams, his girlfriend, investigators reported.
Shepard fled when the officer discovered he had an outstanding arrest warrant for concealing stolen property, according to investigators. A brief foot chase and the shootout followed, investigators said.
Mallinson testified he responded to the traffic stop to assist Terney after it appeared Shepard had given a false name. Before Mallinson could exit his vehicle, Shepard fled on foot, according to his testimony.
Mallinson said Shepard ran into a wooded area and Terney chased after him. The lieutenant said he heard Terney deploy his Taser twice during the foot chase.
Mallinson told the judge he then heard gunshots. He said he found Terney and Shepard both lying on the ground wounded.
“The defendant continued to scream and I told him to shut up,” Mallinson testified.
Investigators reported Terney shot Shepard in the arm, chest and groin. Shepard was treated at a hospital and later taken to jail.
Prosecutors allege Williams knew Shepard had an active arrest warrant and was “harboring” him before the fatal shooting. Law enforcement officers had previously warned her that she would be in trouble if she was caught with Shepard, according to investigators.
Text messages between the two defendants also were put into evidence Thursday, some referencing them not wanting Shepard to go back to jail. Prosecutors said one message sent by Shepard alluded to him wanting to "take out four or five" officers.
Shepard also is charged with offenses related to methamphetamine and concealing property.
Both defendants appeared in court Thursday in handcuffs and wearing orange uniforms.