Man accused of officer's killing was a fugitive

SHAWNEE—Amur der defendant managed to elude law enforcement for several days before he fatally shot a Tecumseh police officer, an investigator told jurors Friday.

Attempts to arrest Byron James Shepard on March 15 and 22, 2017, were unsuccessful, the investigator, Jason Holasek, testified.

Shepard was being sought because was charged in Okfuskee County with knowing ly concealing stolen property, Holasek said.

Shepard, 28, of Okemah, is charged with first-degree murder in the March 26, 2017, death of officer Justin Terney, 22. The defendant is also charged with knowingly concealing a stolen handgun used in the killing and possession of methamphetamine.

Shepard was a passenger in a car being driven by his girlfriend when the officer stopped the vehicle for a defective taillight about 11:30 p.m. Shepard gave the officer a fake name and fled when it became apparent he was lying. A brief foot chase and shootout followed, according to police dash camera video.

In the video, Shepard makes small talk with the officer then voluntarily turns around and puts his hands on the top of the car.

“He's looking in the direction that he runs ... and looking back,” Holasek testified after watching t he video. “He's looking for a direction out of the situation that he's in.”

Prosecutors allege Shepard intended to shoot Terney and are seeking the death penalty. They contend Shepard lied to the officer about his identity because of the arrest warrant and he was determined not to return to jail.

Shepard's public defenders have said the officer's death was “not intentional.”

Prosecutors called their last witness Friday. Dr. Eric Pfeifer, Oklahoma' s chief medical examiner, said Terney's cause of a death was a gunshot wound to the abdomen and the manner of death was homicide.

Defense attorneys are expected to call their first witness Monday in the courtroom of Pottawatomie County District Judge John G. Canavan.