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November 24, 2008

Date reset for murder hearing

By BOB GIBBINS

TAHLEQUAH DAILY PRESS — STILWELL – The preliminary hearing for an Adair County man charged with first-degree murder has been reset for next month.

Charley Eli Smith is charged with the Sept. 3 death of Mark Fuson. Smith’s hearing was scheduled earlier this month and reset because the medical examiner’s report had not been received by the hearing date. Both the state and defense sought the new hearing date.

The new hearing date is 9 a.m. Dec. 4 before Associate District Judge Liz Brown.

Prosecutors allege Smith hit Fuson with a steel pipe and a claw hammer.

Adair County sheriff’s deputies requested the Oklahoma State Bureau of Investigation’s assistance with the investigation of Fuson’s death after he was found in a shop building. Fuson and Smith worked together for Bill Garrett in a welding business.

Smith later admitted killing Fuson, who had several marks of what appeared to be blunt force trauma. Smith said he hit Fuson several times with a piece of “sucker rod” and steel pipe. Both Fuson and Smith were drinking whiskey for several hours and Fuson started “mouthing” Smith and tried to fight.

Fuson was unarmed, but was going to hit Smith, an affidavit filed in the case states. Smith hit Fuson several times in the head and torso and never saw the victim move again after he fell to the floor. He told investigators he knew Fuson was dead. He told authorities he drank more whiskey and went to bed.

Smith woke at 8 a.m. on Sept. 3 and dragged Fuson’s body away from the door and left him between a bed and television.

He then called Garrett and asked whether he had to work and Garrett said he didn’t because it was raining. He went back to sleep and woke again. Smith drank a few beers while watching television.

Smith later went to his mother’s home and told her and his brother what he had done.

Assistant District Attorney Shannon Otteson is prosecuting the case and Scott Hickman represents Smith.

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