McAlester News-Capital, McAlester, OK

Local News

October 14, 2006

Mordecai murdered, state says

A charge of first-degree murder has been filed against a Pittsburg County man in the Aug. 3 shooting death of Ty Mordecai.

District 19 District Attorney Emily Redman, of Durant, filed the charge Friday against Michael Dean Krebbs, 34, who lives east of Blocker.

Krebbs is being held in the Pittsburg County Jail in lieu of $500,000 bond.

The charge accuses Krebbs of causing Mordecai’s death by shooting him in the chest. Redman got the case after District 18 District Attorney Jim Bob Miller recused his office from handling it.

An Oklahoma State Bureau of Investigation report filed in the case alleges that five witnesses told the OSBI that Krebbs said on Aug. 3 he was going to end up killing Mordecai if Mordecai was at his house that night.

The filing of the charge did not result in Krebbs immediately being taken into custody.

Redman said it had been her goal to have Krebbs in custody before news of the charge became known.

Redman said Krebbs was in New Mexico when she filed the charge.

Krebbs surrendered himself and was booked in to the county jail Saturday afternoon.

Associate District Judge James Bland set bond for Krebbs at $500,000, Redman said.

Conviction of a first-degree murder charge carries a sentence of life in prison, life without parole, or death

Kathy Mordecai, Ty Mordecai’s mother, had picketed the Pittsburg County Courthouse in an attempt to get Miller to recuse from the case after Miller confirmed that he and Krebbs had once been part of a group that went on a hunting trip in Colorado together.

Mordecai also highly criticized the fact that no one had been arrested or charged in her son’s death until Friday.

Miller maintained he could be fair, but recused last month from determining if a criminal charge should be filed in Ty Mordecai’s death. Attorney General Drew Edmondson then appointed Redman to determine to handle the case.

“I’m very glad the charge was filed,” Kathy Mordecai said on Friday night. “It’s a step in the right direction toward justice and I’ll continue with my prayers.”

She said she knows the legal process will be a long road.

“It’s a great relief that a warrant has been issued and he has been charged with first-degree murder,” said Kathy Mordecai, who personally met with Redman on Friday.

“She’s very respectful to me,” Kathy Mordecai said. “I have a lot of confidence in her.”

An OSBI probable cause affidavit written and signed by Agent John Jones outlines the state’s allegations and highlights the result of an OSBI investigation into Ty Mordecai’s death.

Jones said that during the early morning hours of Aug. 3 he had been assigned to investigate the shooting, which occurred near Blocker.

Jones said in the affidavit that Krebbs provided the following information:

“In about 2005, Mordecai worked for Krebbs, who owned an oil field construction business. Krebbs fired Mordecai because of poor attendance.”

“Some time in 2006, Krebbs hired Mordecai again. In about June or July 2006, Krebbs and Mordecai got into a dispute about Mordecai not showing up for work. Mordecai quit working for Krebbs.”

“Shortly after Mordecai quit work, he began phoning Krebbs and threatening him,” Jones said in the affidavit. “Mordecai was mad because he thought Krebbs was telling people Mordecai was fired over drug use.”

On the night of Aug. 3, the two had a confrontation at the Choctaw Casino near McAlester, Jones said.

When Krebbs left the casino, he drove toward his home near Blocker and Mordecai followed him, according to the affidavit.

Krebbs phoned Mordecai telling him just to leave it alone; they would talk the next day and that he took it personally that Mordecai had threatened his life, Jones said.

Krebbs managed to evade Mordecai and drove to his girl friend’s home in McAlester, where here he received another phone call from Mordecai, according to allegations in the affidavit.

“Mordecai told Krebbs that he had 30 minutes to get home or Mordecai was going to burn his house down,” Jones said. Krebbs received another phone call from Mordecai. Mordecai again threatened to burn his house down and Krebbs warned Mordecai not to be on his property when he got home, according to the affidavit.

When Krebbs arrived at his home just off State Highway 31 near Blocker, he saw a red car parked at the entrance to his driveway and pulled a pistol out of the center console and placed it beside him on the seat, Jones said in the affidavit.

As Krebbs drove up the driveway, he met a car coming down the driveway and thought Mordecai was in that car, according to the affidavit from the OSBI.

Krebbs parked his car in front of his house and Mordecai walked out the door. Mordecai, who sat in a chair near the porch, had a shirt “balled up” in his hand and Krebbs thought maybe he had a weapon in the shirt, the OSBI affidavit states.

Krebbs told Mordecai to leave and Mordecai walked to the driver’s side of Krebbs’ truck, according to the affidavit.

“Mordecai reached into the drivers’ side window then he ‘shoved’ at Krebbs,” Jones said in the affidavit. “Mordecai then threw some punches at Krebbs, hitting him with one good punch. Mordecai seemed like he was trying to climb in through Krebbs’ window. Krebbs tried to move to the passenger side of his truck but the console blocked him.”

“At one point, Mordecai threw his ‘balled up’ shirt to the side. Krebbs didn’t know if Mordecai had a weapon or not,” Jones said in the affidavit which the OSBI said is based on an interview with Krebbs.

“When Mordecai started to crawl through Krebbs’ truck window, Krebbs shot Mordecai,” Jones alleged in the affidavit.

“Krebbs shot Mordecai one time then Mordecai grabbed his chest,” Jones alleged. The agent said Mordecai ran around the front of Krebbs’ truck and Krebbs got out of the truck and followed him.

“Krebbs fired several more shots, not really at Mordecai, but in Mordecai’s direction,” Jones alleged.

“Mordecai said ‘Okay, okay, you shot me,’” the agent said in the affidavit.

“Mordecai ran around Krebbs’ truck, back to the driver’s side, where he fell to the ground,” Jones said.

Krebbs ran toward Mordecai and saw that the car he had met coming up the driveway had returned, Jones’ affidavit states.

“Krebbs fired a shot into the ground then he pointed his gun at the silver car in an attempt to scare them away,” Jones alleged in the affidavit. “Krebbs yelled for them to leave, which they did. Krebbs then phoned 911 on his cell phone.”

Although it doesn’t say it in the affidavit, the silver car is believed to have been driven by a friend of Mordecai’s.

Jones’ affidavit then moves on to information provided by other witnesses.

“Five witnesses told me that on the night when Krebbs shot Mordecai, Krebbs said he was going to end up killing Mordecai if he was out at Krebbs’ home when he got there,” Jones alleged in the affidavit.

“One witness told me that two days before Krebbs shot Mordecai, Krebbs said he was going to end up killing Mordecai,” Jones’ affidavit also alleges.

OSBI Agent Iris Dalley processed the crime scene.

“Dalley told me that she found no weapons on Mordecai’s person, or near his body,” Jones said. “The shirt that Krebbs referred to was located on top of the tool box in Krebbs’ truck bed.”

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Mordecai murdered, state says
by By James Beaty , , Sat Oct 14, 2006, 04:02 PM CDT
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