9/4/82 - Earls shoots at Tracy Little, of Clayton, and Randy Hamman, of Nashoba, with a 30-30 rifle, shooting Hamman
9/7/82 - Earls charged in Pushmataha County with shooting with intent to kill
11/28/83 - Earls pleads guilty in shooting, 5-year sentence is suspended
11/28/88 - Earls released from probation in shooting case
7/9/91 - Earls, living in Clayton, breaks into building in Tuskahoma, allegedly carrying a .38-caliber pistol
7/15/91 - Earls charged in Pushmataha County with second degree burglary, feloniously carrying a firearm
3/5/92 - Earls pleads guilty to second degree burglary, sentenced to 5 years
7/23/92 - Earls begins serving state prison term at Lexington on burglary case
11/3/92 - Earls released from prison on pre-parole on burglary case
8/4/95 - Earls, living in Wetumka, stabs Marie Ervin, also of Wetumka, in the stomach with a pocket knife
8/7/95 - Earls charged in Hughes County with assault and battery with a dangerous weapon
2/1/96 - Earls pleads guilty, with the convicted felon enhancement, to assault and battery with a dangerous weapon and is sentenced to 20 years
11/1/02 - Rachel’s son is born
Sometime in 2003 - Rachel moves to Oklahoma from Fort Worth, Texas
1/28/03 - Earls released from prison on assault case
9/8/03 - Rachel’s daughter is born
11/03 - Rachel and the child’s father separate
Sometime in 2007 - Rachel meets Earls
5/1/08-8/1/08 - Earls rapes, sodomizes Rachel’s daughter
9/25/08 - Children reveal attacks to Rachel’s mother over dinner at Dustin
9/26/08 - DHS, police interview children, their grandmother and Earls. Both of Rachel’s children are examined.
9/27/08
- 1:45 a.m.: Earls arrested by McAlester Police Det. Frankie McClendon
- 5:22 a.m.: Earls booked at MPD, taken to Pittsburg County Jail
- Noon: Special Judge Bill Layden signs probable cause affidavit for Earls’ detention, sets bond at $250,000
9/29/08 - Earls charged in Pittsburg County District Court with rape, and two counts of sodomy of Rachel’s daughter, and one count of lewd or lascivious acts in the presence of minor involving both of Rachel’s children. One count of sodomy is later dismissed. The lewd or lascivious acts charge is later changed to allege a different act involving both children. It is eventually dismissed in Earls’ plea bargain.
12/22-23/08 - Earls preliminary hearing held before Special Judge Donnita Wynn. Rachel’s son tries to leave courtroom 3 times. Wynn orders Earls bound over for district court arraignment on three charges, ordering the lewd acts charge amended.
12/23/08 - Charges as amended filed against Earls
1/7/09 - Earls arraigned on three charges by District Judge Tom Bartheld
2/5/09 - Assistant District Attorney Lisa Birdwell files motions for closed circuit testimony of children, to close the courtroom during their testimony, and to seal discovery; notice of intent to offer hearsay statements by a child regarding abuse, and intent to use evidence of commission of other sexual assault offenses
2/9/09 - Defense Attorney Tim Mills files witness and exhibit list, motion to suppress statements to police and motion in limine (a motion made at the start of a trial requesting that the judge rule that certain evidence may not be introduced in trial).
2/10/09 - ADA Birdwell files motion to endorse additional witness, a Hughes County deputy
2/18/09 - Bartheld conducts hearings on prosecution, defense motions. ADA Birdwell, Det. McClendon, Mills, Earls hear testimony from DHS investigator Amanda Britt, P.A. Stacey Scroggins, McClendon and Rachel’s mother. Judge grants Birdwell motions for additional witness, to seal courtroom during child testimony and to seal discovery. Prosecution’s notice of intent to use evidence of other sexual offenses is granted as to Rachel’s daughter and is denied as to her son. Prosecution’s notice to allow closed circuit testimony is granted as to Rachel’s son. Prosecution’s motion to offer hearsay statement of a child is granted in part as to Rachel’s daughter. Defense motion in limine is stricken as moot. Defense motion to suppress evidence of other crimes or acts is withdrawn.
2/27/09 - ADA Birdwell, Mills and Earls appear before Bartheld and announce they are ready for trial. Bartheld schedules trial to begin March 2.
3/2/09 - ADA Birdwell, Mills and Earls appear before Bartheld to ask that trial be moved to the May 4 docket. Defense motion to reduce bond is granted, and bond is reduced to $100,000 by agreement with prosecution, on the condition that if he makes bond, Earls has no contact with anyone under 18.
4/29/09 - Bartheld conducts hearing with Birdwell, Mills on defense motion in limine and to suppress evidence. Motion in limine stricken as moot. Motion to suppress is withdrawn.
Sometime in May 2009 - Rachel wraps up classes at EOSC in pursuit of CPA profession
5/5/09 - Bartheld conducts hearing to determine Rachel’s daughter’s competency as a witness, with Birdwell, Mills and Earls. Hearing continued to May 6.
5/6/09 - Bartheld conducts hearing to determine competency of Rachel’s daughter, and hearing on prosecution motion to allow her to testify by closed circuit with ADA Birdwell and ADA Mike Miller, and Mills, and Earls by closed circuit. Daughter found competent for purposes of hearing. Motion for closed circuit testimony granted.
5/13/09 - Bartheld conducts plea, sentencing hearing with Birdwell, Mills and Earls. Earls pleads no contest and Bartheld follows recommendation by DA on sentencing to 20 years on two counts, rape and sodomy, all but the first year suspended, to be served at the county jail with credit for time served. The suspended sentence to be supervised by Probation and Parole. Count alleging lewd acts dismissed at request of prosecution. Earls to register as Level 3 sex offender within three days after release. Fined $500 each of the two counts. Assessed cost of incarceration.
5/17/09 - News of Earls’ conviction and sentence published by McAlester News-Capital
5/29/09 - Fox News’ Bill O’Reilly calls for Bartheld’s resignation on national broadcast of “O’Reilly Factor”
6/4/09 - Geraldo Rivera comes to McAlester to interview Rachel, Bartheld and District Attorney Jim Bob Miller
6/5/09 - Fox News’ “O’Reilly Factor” airs another piece about the case in a national broadcast
6/9/09 - 6/10/09 - Other media inquiries received by the News-Capital
6/9/09 - Attorney General Drew Edmondson launches an inquiry into the prosecution of the case
6/10/09 - Oklahoma House Resolution 1065 filed by Reps. Mike Ritze, R-Broken Arrow, and Mike Reynolds, R-Oklahoma City, seeking Bartheld’s ouster. The non-binding resolution, filed for the 2010 session of the Oklahoma Legislature, cites “gross neglect of duty.”
Local News
The Earls case: A chronology
David Earls is no stranger to the law. Beginning in 1982, a string of convictions color his past and lead up to his rape of a 4-year old girl in Pittsburg County. Also included in this chronology is Rachael’s story — the victim’s mother.
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