Grand jury grills three men in Weleetka Oklahoma double killings

All text in red italics reflects my own opinion. I could be wrong. But I doubt it...

By Nolan Clay and Johnny Johnson
Staff Writers

Three men who have come under suspicion in the fatal shootings near Weleetka testified Wednesday before a state grand jury.

Two other witnesses failed to appear. The grand jury’s judge ordered them arrested.
Agents at the Oklahoma State Bureau of Investigation turned to the multicounty grand jury for help solving one of the state’s most painful murder mysteries — the deaths of friends Taylor Placker, 13, and Skyla Whitaker, 11.

The girls were shot a total of 13 times June 8 on a dirt road between Okmulgee and Okfuskee counties.

“I just wish they would catch whoever done it so they would leave me alone,” said one witness, Toney Kelough, 30, who must return today to finish testifying. “I’ve told them the same thing over and over again.”

Investigators also may have some type of DNA evidence in the case. Some people have been asked to give DNA samples, The Oklahoman has learned.

Grand jurors are meeting at the Oklahoma County courthouse and the testimony is not public.
The involvement of the grand jury does not necessarily mean criminal charges are imminent. Law enforcement agencies and prosecutors often use the grand jury to gather evidence.

Testifying first Wednesday was OSBI Agent Ben Rosser, the lead investigator on the case since the inception.

Rosser said grand jury rules prevent him from discussing anything to do with the grand jury or his testimony.

“Name, rank and serial number,” he said. “That’s all I can give you today.”

The other witnesses were:

Dustyn Dailey

Dailey, 18, testified the longest Wednesday — about two hours. He was taken before the grand jury in shackles and wearing jail clothes with black and gray stripes.

Afterward, Dailey, who uses the nickname “Spud,” would not comment to The Oklahoman about the shooting of the two Graham School girls.

Dailey attended Graham School in the ninth grade until his family moved to Henryetta.
He is jailed in Okmulgee County on a second-degree burglary charge. He is accused of breaking into a home Aug. 1.

Some of his relatives have a protective order against him after he allegedly said in April, “I’m going to burn your house down and ya’ll will have nowhere to live” and “I am going to kill you.” On MySpace, he lists among his interests “all vampire books.”

Mike Gaddy

Gaddy, 19, who knows Dailey, testified for about an hour Wednesday.

His parents, David and Glenda Gaddy, confirmed their son has come under suspicion but they insist he has an alibi. They said he heard the fatal gunshots but did not witness the shooting. The guilty party often injects themselves into the crime with statements like that, "well I heard the gunshots," as a way of trying to distance themselves, the grain of truth theory. This is too weird to make up.

They also said they fear vigilantes seeking justice might hurt him because he has come under suspicion. They’ve already chased him with guns,” David Gaddy said. “Until they catch who really did this, Mike is in danger.” Now tries to becomes the victim.

The father said his son was at a friend’s house at the time of the shooting. The father said his son, along with the friend and the friend’s family, then went to Walmart. Did his friend and his friends family also hear the gunshots? He said agents have pulled Walmart surveillance videotapes to try to verify the story. In other words, they don't know where he was.

The father also said OSBI agents have been harassing his son, who he says is mentally retarded. Being stupid, uneducated and mean doesn't make one mentally retarded. Besides the term "mentally retarded" is a fairly wide umbrella of mental problems.

The parents said they have noticed undercover officers in an AT&T van taking photos of them. They said they believe their phone has been tapped due to an unmistakable clicking sound. If they are afraid for Mikes life, they should be glad there are police officers watching their house.

They said their son does not associate with Dailey anymore.

Toney Kelough

Kelough told The Oklahoman that agents suspect him. He denied having anything to do with the girls’ deaths.

He admitted seeing the girls playing in their yard the day before the shooting. He said he was with a girlfriend when they were killed. He lives about eight miles from the crime scene. Same thing here, he injects himself into the crime as a witness to knowing where the little girls live, even seeing them the day before.


“I’ve told them 100 times I had nothing to do with it, but they said I done it,” he said.

According to Kelough, he came under suspicion because of some red stains on his shirt and pants. Kelough, a casino maintenance worker, said he told officers the stains were from wood stain and he showed them his woodworking project.

He said agents have showed up at his house and looked in windows, and that the agents scare his 6-year-old son.

Kelough said he submitted to a DNA sample. This is interesting in that there was no sexual assault, and the crime scene evidence is bullet casings, boot and tire tracks. It's possible law enforcement was able to obtain surface DNA as well as fingerprints from the bullet casings.

“I’ve got nothing to hide,” he said.

Timeline

On June 8, Taylor Placker and Skyla Whitaker were finishing up a sleepover at Taylor’s house on County Line Road, about seven miles northeast of Weleetka.

About 5 p.m., the two girls left to go on a walk to Bad Creek bridge, about one-half mile north of the house.

At 5:30 p.m., Taylor’s grandfather found the girls’ bullet-ridden bodies. His wife frantically called 911.

The Crime Scene

The girls were shot a total of 13 times. Investigators said they appeared to have walked to the bridge and were returning home when they were killed.

Bullet casings, footprints and tire tracks were found.

Investigators said two different caliber guns were used. One was a .40 caliber Glock. The make of the second weapon has not been released.

Due to the two guns used, authorities said they believed they were looking for at least two suspects. Because of the remote locations of the shootings, authorities said they believed the gunmen were local residents.

The first person of interest

On the day of the girls’ funerals, the OSBI revealed agents were looking for a witness/person of interest described as an American Indian man with a long pony tail. He was said to be wearing a ball cap and driving a white pickup. The OSBI said witnesses saw the man on the road the day the girls were killed. Who were the witnesses? The suspects? And isn't that always the way, blame a different race--Susan Smith accused a black man, the guy in Boston who drove to the ghetto then shot his pregnant wife to death then shot himself and blamed a black guy. Hell, Casey Anthony is blaming an Hispanic woman.

The man was never identified and authorities never received further credible information about him.

Recent developments

A few weeks ago, the OSBI sent about 60 letters to registered owners of .40 caliber Glock handguns in the area, asking them to submit their weapons for testing.

About 40 gun owners submitted their weapons, five said they no longer owned the guns, and about 15 didn’t show up as requested.

The agency said they would be contacting the 15 who did not respond. Very interesting...

Witnesses conclude Weleetka testimony

http://newsok.com/article/3293276/

A woman and her boyfriend were arrested Thursday in Okmulgee and taken in clanging shackles to Oklahoma City to testify to what they knew about the fatal shooting of two girls.

Windy Espinosa, 34, and Larry Peyton Smith, 34, testified Thursday before a state grand jury that is helping state agents look into the tragic shootings near Weleetka.

The two were arrested after they failed to show up in court Wednesday. The grand jury's judge allowed them to go home after they finished testifying Thursday.

Agents with the Oklahoma State Bureau of Investigation turned to the multi county grand jury for help cracking the frustrating case.

Two friends, Taylor Placker, 13, and Skyla Whitaker, 11, were shot to death June 8 along a remote Okfuskee County road, not far from where Taylor lived. The case has attracted national attention.

The two new witnesses said little in front of news reporters as Okmulgee County sheriff's deputies moved them to and from the grand jury room Thursday. The two live together in Okmulgee.

During a closed-door meeting before the judge, Espinosa could be overheard laughing briefly and saying she hopes she never sees lawmen at her door again. She wore a T-shirt with the words "Free Spirit” on the front. Asked by a reporter if she was glad her testimony was over, she said, "I doubt it's totally over over.”

Three testified earlier

Grand jurors heard Wednesday from three men who have come under suspicion in the case — Dustyn Dailey, 18, Mike Gaddy, 19, and Toney Kelough, 30.

Kelough returned Thursday morning and testified for about another hour. He told The Oklahoman Wednesday he has an alibi — that he was with a girlfriend at the time of the fatal shooting.

"I just wish they would catch whoever done it so they would leave me alone,” Kelough said Wednesday. Kelough declined comment after testifying Thursday. "I'm done, man,” he said as he rushed out of the courthouse.

Also testifying Wednesday was OSBI agent Ben Rosser. What the witnesses said is not known.
Grand jurors hear testimony in secret sessions.

The current multi county grand jury is not expected to hear more witnesses and is not expected to issue any indictments over the deaths. Another multi county grand jury is likely to be formed in a few months and could help the OSBI if the case is not solved before then.

Assistants for Attorney General Drew Edmondson guide the grand jury investigations.