McALESTER, Okla. — The murder trial of Devin Sizemore has been continued again — marking the fifth time a jury trial has been scheduled in the 2016 Pittsburg County murder case.
Sizemore is charged with first-degree murder in the July 2016 death of his toddler daughter, Emily Sizemore, who was found by law enforcement officers floating face-down in a pond in rural Krebs with her father standing in the water nearby, according to allegations in court documents.
Jury selection in the trial had been set to begin Monday at the Pittsburg County Courthouse, with Pittsburg County Associate District Judge Tim Mills hearing pretrial motions on March 1. While ruling on a flurry of pretrial motions, by both defense and prosecution attorneys in the case, Mills issued a number of court orders — including the one rescheduling the trial for May.
During the pretrial court action regarding the then-scheduled March 5 trial date, the defense moved for the trial to be continued “based upon the disclosure of additional medical examiner’s records.” Mills granted the continuance over the prosecution’s objection.
Approximately 39 witnesses were expected to testify during the trial proceedings.
Mills reset the trial for the May jury docket, with the sounding of the docket set for May 4, 2018 — with the probability that the trial will be scheduled to begin either the first or second week following the docket-sounding. The trial is expected to last up to five days.
With a gag order issued in the case, attorneys were precluded from commenting about the latest continuance. District 18 District Attorney Chuck Sullivan is prosecuting the case, along with First Assistant DA Adam Scharn. Defense attorneys are Matthew Sheets and Mike Miller.
Following completion of the preliminary hearing in the case on March 6, 2017, Mills had ordered Sizemore bound over for district court trial arraignment on charges of first degree murder. Mills also ordered Sizemore bound over for trial arraignment on a charge of assault and battery upon a law enforcement officer for allegedly fighting with then-Krebs police officer Jack Suter when Suter tried to get him out of the pond.
Following district court arraignment, the trial has previously been set four different times and then has been continued each time for various reasons. The case has previously been included on the following jury dockets in Pittsburg County District Court:
• The September 11, 2017, jury docket.
• The November 6, 2017, jury docket.
• The January 8, 2018 jury docket.
• The March 5, 2018, jury docket.
• And now, the May 4, 2018, jury docket.
Also in his court order resetting the matter for the May 4 jury docket, Mills ordered that the attorneys involved to share discovery information with the other side by April 6, 2018. Mills also set an April 10 date for attorneys to file legal motions.
Contact James Beaty at email@example.com