The Tulsa County District Attorney’s Office filed notice Tuesday of its intent to seek the death penalty against a man charged in the deaths of three people, including a 7-year-old, in what is the second such request within the past week.
In a bill of particulars filed late Tuesday afternoon, District Attorney Steve Kunzweiler argued Keenan Sean Burkhalter, 23, should receive capital punishment for the homicides of Maziah Brown, Marquis Brown and Hosea Fletcher in the 600 block of East Seminole Place early on Oct. 14.
Andrew Conard, 20, Burkhalter’s co-defendant, testified at a preliminary hearing in January that Burkhalter told him he carried out the killings and arson because he thought Marquis Brown, also known as Ramon Brown, “drugged up his girl.”
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The comment, according to Conard’s testimony, came while the two watched an early-morning television news report on the discovery of three bodies inside the house.
“He said ‘I did that,’ ” Conard said of Burkhalter’s comment, telling the court at the time that it sounded “like he accomplished something.”
The bill of particulars indicates the state’s belief Burkhalter, 23, killed Maziah Brown, who was 7 at the time, for the purpose of avoiding arrest for the deaths of Marquis Brown, who was her father, and Fletcher.
It also says Burkhalter’s actions created a great risk of death to more than one person and that the Browns’ shooting deaths, accompanied by having their residence set on fire, were “especially heinous, atrocious or cruel.”
Burkhalter is charged with three counts of first-degree murder, two of which have alternative theories alleging the Browns died while Burkhalter was in the process of committing first-degree arson. Conard also faces three first-degree murder counts and has said he does not expect a plea offer in exchange for his testimony against Burkhalter.
“During the commission of these crimes, the defendant shot a 7-year-old child in the head and started a fire that ultimately contributed to her death and to the desecration of her remains,” the bill states, adding: “The defendant has two prior felony convictions, evincing a disregard for the laws of the state of Oklahoma.”
Reports from the Oklahoma State Medical Examiner’s Office showed the Browns had significant levels of carbon monoxide in their system. The bill of particulars noted that was evidence the two were still alive when the home caught fire.
Police arrested Burkhalter shortly after receiving a tip claiming he bragged about killing Marquis Brown and the others.
It is the second time in less than a week the district attorney’s office requested consideration of capital punishment. Kunzweiler on March 27 filed a bill of particulars against Ondriel Smith, who is accused of two counts of first-degree murder in the September shootings deaths of brothers Keith and Glynn Williams in the 5600 block of East Skelly Drive.
Smith, according to Kunzweiler’s office, shot five people in a 33-day timespan last year, leaving the Williams brothers dead. The others, which included Smith’s ex-girlfriend, survived.
Conard, during his preliminary hearing testimony, said he drove Burkhalter to Ramon Brown’s home the night of Oct. 13 and got a call early the next morning asking for a ride away from the residence.
Conard told Assistant District Attorney Kevin Gray that he purchased lighter fluid at a convenience store after Burkhalter, who had a gun, said he needed it.
He said he picked Burkhalter up in an area near the Seminole Place house but that Burkhalter asked him to return because he forgot something. Once Conard drove around the block, he testified that he saw Burkhalter starting a fire using the lighter fluid while all the windows to the house were open.
Under cross-examination from Assistant Public Defender Kasey Baldwin, Conard said he initially concealed Burkhalter’s involvement from police because “my family was still out there.”
He told Gray that Burkhalter later pointed the gun at him and ordered him not to tell anyone what he saw.
Burkhalter has a trial court arraignment scheduled before District Judge Dawn Moody on Monday. Conard is next expected to appear in court April 15.
Samantha Vicent
918-581-8321
samantha.vicent@tulsaworld.com
Twitter: @samanthavicent
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- Keenan Sean Burkhalter
- Andrew Conard
- Criminal Law
- Law
- Crime
- Death Penalty
- Steve Kunzweiler
- First-degree Murder
- Bill Of Particulars
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