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Trial set in Nester death
The second and final week of the December jury trial docket for Pittsburg County was expected to get under way today with a murder trial, after the first week saw a mistrial and a not guilty verdict returned in two felony cases.
The murder trial is expected to last three days. Matthew Bryant, 21, of Arch, is charged with first-degree murder in connection with the August 2008 death of James Nester in eastern Pittsburg County.
Pittsburg County District Attorney Jim Miller said there is also what is called a “lesser included” offense of first-degree manslaughter the jury may be able to consider. That would mean a jury could find Bryant guilty of the lesser first-degree manslaughter charge, if the jurors chose not to convict Bryant of first-degree murder.
Nester was allegedly murdered by being beaten with T-posts. His body had been found on Aug. 30, 2008, in a yard near Bache.
An affidavit filed in the case alleges that Billy Floyd Carshall and Bryant had encountered Nester walking on Bache Road on the night of Aug. 29.
Nester was chased through the woods, spotted near a house and then hit several times with a t-post, the affidavit alleges.
Carshall, of the Arch area, was sentenced to 35 years in prison and another 10 years suspended after pleading to a reduced charge of first-degree manslaughter in the case.
Another defendant, Katherine K. Bryant, 43, of Hartshorne, was found guilty of an accessory after the fact charge in connection with the case during a jury trial in August.
The jury recommended five years probation, but the district attorney's office is arguing for jail time. Sentencing was continued and has been re-set again for Dec. 21 at 2 p.m.
Two other trials are scheduled this week, both set to start Thursday. One is the trial of 20-year-old Tony Lee Miller of McAlester, who was charged with sexual battery. There is also a trial set to start Thursday for 28 year old Jessica Marie Perea of McAlester, who was charged with embezzlement, according to online records.
In last week’s first two felony case jury trials, there was a mistrial declared in the trial of Horace Spencer, as District Attorney Miller said that during testimony a witness referred to something previously ruled not admissible in the case.
Spencer is charged with multiple counts, including kidnapping, assault and battery with a dangerous weapon, assault with a dangerous weapon and domestic assault and battery by strangulation, according to court records.
Miller said that case will come back next month on the January docket.
In another case, a not guilty verdict was returned in the case of Danny Cathey, who was charged with shooting with intent to kill. The jury, according to Miller, had the option of finding Cathey guilty of a lesser included offense of assault with a dangerous weapon, but did not.
John Yates is the news director for McAlester Radio.
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