CRIME

Jurors didn't believe Stillwater bail agent intended to kill client in shooting, defense attorney says

Kyle Schwab

STILLWATER — Jurors didn't believe bail agent Chasity Dawn Carey intended to kill her client when she fatally shot him last year at her office, her attorney revealed Tuesday.

Last week, jurors acquitted Carey, 42, of first-degree murder in the Aug. 9 shooting death of her client, Brandon James Williams, 38. She claimed self-defense even though Williams was shot in the back as he was climbing out a window.

A dramatic video of the shooting, which was played at trial, was released by Payne County prosecutors Monday.

“They had a very difficult time with the way the case was charged and could not find the element required in murder one of malice aforethought,” defense attorney Emilie Kirkpatrick told The Oklahoman. “I have nothing but the highest praise for this jury. They stuck by the law that they were given.”

"Malice" is defined in state law as a deliberate intention to take away the life of another. Prosecutors must prove that element to a jury for a first-degree murder conviction.

Kirkpatrick spoke with jurors after the trial. She said they told her they didn't believe prosecutors proved that deliberate intent to kill.

Carey testified at the trial in support of her self-defense claim. Prosecutors argued that because Williams was shot in the back, Carey couldn't have been acting in self-defense.

Carey doesn't intend to continue being a bondsman, her attorney said. She plans to pursue a career in photography.

On Tuesday, District Attorney Laura Austin Thomas said she stands by her decision to file the first-degree murder charge against Carey.

"District attorneys across the state have the responsibility and ethical obligation to file charges based upon the evidence presented by an investigation and the law," Thomas said. "A manslaughter charge was not appropriate at the time of filing."

Before closing arguments in the trial, prosecutors asked the judge to give jurors the option of finding Carey guilty of first-degree manslaughter. The judge denied the request so jurors were told to determine guilt only for the charge of first-degree murder.

"It is the jury's job to determine what facts are or are not important to them and render a verdict," the district attorney said. "I am grateful for the service of each and every one of our jurors and do not and will not criticize their verdicts."

What happened

The day before the shooting, Williams, a burglary defendant, texted Carey, “Gone to Florida,” police reported. After realizing Williams hadn't yet left, Carey came up with a ruse to meet up so she could take him back into custody and revoke his bond, according to testimony.

As part of the plan, Carey's 19-year-old son texted Williams about purchasing his Ford Mustang. Williams had already given Carey the car as collateral for her posting his $35,000 bond. Williams had been charged days earlier in the burglary case.

Carey's son set up a GoPro camera in the office moments before the Aug. 9 meeting. Shortly after Williams arrived, Carey locked the door. In an attempt to flee from the office, Williams moved to a window, which was off camera behind Carey's desk.

At the same time, Carey reached into her desk, grabbed her gun, turned and shot. Carey testified Williams attempted to grab her gun. She said she beat Williams to the gun and turned to fire just as he was going out the window.

The video did not show Williams grab for the gun. Defense attorneys contended Williams was just out of view of the camera.

After the shooting, Carey told investigators she and Williams struggled for the gun. Police later arrested Carey after viewing the video and no struggle was seen.

The shooting video has been seen online hundreds of thousands of times since it was first released to The Oklahoman. On social media, many viewers have expressed anger over the acquittal.

"How the hell is that not murder?" one viewer commented.

Carey's attorney said, "I understand the outrage of the public but this jury did what it was supposed to do in regard to the charge of murder in the first-degree.”

This image from video shows Stillwater bail agent Chasity Carey, right, after shooting her client. She and her son, Justin Henderson, left, were trying to take the client into custody Aug. 9. [Video provided by Payne County district attorney's office]