By Cass Rains, Staff Writer
Enid News and Eagle
ENID, Okla. —
Bond has been denied for a 21-year-old Enid man charged earlier this year with first-degree murder.
Special District Judge Brian Lovell said the state met the criteria needed to deny bond under the state’s Constitution in Ronnie Eugene Fuston’s case.
“The court finds the state has more than met its burden today,” the judge said following a Brill bail hearing before lunch Tuesday.
Fuston was charged March 3 in the Dec. 22, 2012, shooting death of Heath Crites. Fuston faces life in prison, life in prison without the possibility of parole or death if convicted of the capital offense.
District Attorney Mike Fields said the state had to meet three criteria for bail to be denied: the defendant is charged with a capital offense, a violent offense, or a defendant is charged with an offense where the maximum sentence may be life or life without parole; the court must find the proof of guilt is evident or the presumption of guilt is great; and that no condition of release would assure the safety of the community or any person.
Fields said the first criterion was met because of the punishment range for first-degree murder.
He also argued the proof of guilt was evident because the same gun used to kill Crites was used to kill another man in Oklahoma City, a murder for which Fuston also is charged.
“While the defendant was being held in the Oklahoma County jail he made a recorded phone call to an associate in Enid and told him to get rid of some guns,” Fields said.
When the gun was recovered by police, testing showed the gun had been used in both murders.
Fields also said Fuston has made statements to another associate admitting he shot Crites. Fields said the associate was able to provide details of the crime only known to someone involved in the murder.
Fields said no condition of bond could guarantee the public’s safety because of Fuston’s violent track record.
He said two home invasions ending with shootings “... demonstrates that he (Fuston) poses a clear and direct threat to the safety of the community, such a threat cannot be remediated to any significant degree by mere condition of his release or bail.”
Greg Camp, who was representing Fuston on behalf of the Oklahoma Indigent Defense System for the Brill hearing only, wanted the court to note he was only told of the hearing that morning.
Camp said Fuston was a lifelong member of the Enid community and had family and friends in the area. He said the evidence of guilt cited by the state was “comments from associates.” He requested bail be set at $150,000.
Lovell denied bond for Fuston and set a Dec. 11 date for a preliminary hearing on the charge.
Fuston was charged after more than two months of investigation by Enid Police Department detectives.
According to the affidavit filed in the Garfield County case, police responded at 2:18 a.m. Dec. 22, 2012, to 301 E. Columbia, in reference to a possible homicide.
When officers arrived, they found Crites on his living room floor with multiple gunshot wounds to his torso and extremities. Police recovered shell casings from the living room that were found to have been shot from a .45-caliber Taurus firearm.
Oklahoma City police, investigating an Oct. 20, 2012, homicide in Oklahoma City, learned the gun used in that homicide may have been hidden in Enid. Oklahoma City and Enid police compared shell casings from both homicides and found the same gun was used in both crimes, according to the affidavit.
Fuston was arrested Jan. 9 in connection with the Oklahoma City homicide.
The day of his arrest, Fuston contacted Treylon A. Haley from jail and asked Haley to go to his mother’s house in Enid and get rid of those “hammers,” which is slang for guns, according to the affidavit. Enid police learned Fuston used to live with his mother at 321 E. Wabash.
EPD Detective Tim Doyle interviewed Haley on Jan. 10. He told police he received a call from Fuston asking him to get rid of some guns, according to the affidavit.
Haley initially denied moving the guns, but later admitted he called someone named “Ant,” who then contacted Ivan Williamson to move the guns, according to the affidavit. Haley showed Doyle a Facebook message from Williamson in which Williamson stated he got rid of the guns, according to the affidavit.
Doyle spoke with Williamson, who said he’d been contacted by Haley, according to the affidavit.
One of the guns was at Fuston’s mother’s house and the other was located in a vehicle parked in a lot at 6th and Ohio. Williamson told Doyle he picked up both guns, one a Taurus .45-caliber handgun and the other a Hi-Point .45-caliber handgun, according to the affidavit.
Williamson told Doyle he contacted Haley via Facebook and told him he had moved the guns and they were taken care of, according to the affidavit. Williamson said he sold one of the guns to Casey Oakley.
Doyle then spoke with Oakley, and a .45-caliber Taurus PT 24/7 handgun with the serial number filed down was turned over to Enid Police Department, according to the affidavit. The gun then was turned over to the Oklahoma City criminalistics lab for comparisons of shell casings from the Crites murder and the Oklahoma City murder. After testing, the lab found the gun was used at both crime scenes, according to the affidavit.
Williamson also told police on or about Dec. 30, 2012, he was with Fuston and Fuston told him he had shot the man on Columbia, according to the affidavit. He said Fuston asked him if he had heard about the shooting and when Williamson said he had, Fuston pointed to himself and said he shot the man, according to the affidavit.
Williamson said Fuston gave him several details about how he had shot Crites, according to the affidavit. Detectives confirmed those details with evidence collected at the crime scene, as well as through their investigation, according to the affidavit.
Haley, 19, is charged with two counts of accessory after the fact and had a bond appearance set for Oct. 31.
Williamson, 22, is charged with a single count of accessory after the fact. He waived his right to a preliminary hearing Sept. 23 and is set for district court arraignment Nov. 4.�