By BOB GIBBINS
Cherokee County prosecutors late Tuesday charged a second man with a July 2007 homicide.
Daniel Prentice Thornburg, 41, testified in April against Robert Lee Smallen concerning the July 2007 shooting death of Ronnie Hall. Thornburg notified police after the shooting that Smallen was the gunman.
Smallen’s trial ended with jurors deadlocked.
But now, Assistant District Attorney David Pierce, prosecutor in the Smallen case, has filed a first-degree murder charge against Thornburg. Authorities say Thornburg aided and abetted Smallen by acting together with Smallen in the shooting.
Smallen is scheduled to be retried next month on his case.
Thornburg is expected to surrender himself by the end of the week, Pierce said, and defense attorney Angie Jones is expected to represent the defendant. Smallen is represented by Rex Earl Starr.
Hall was shot several times in the head and body near an area at the conjunction of Lake Tenkiller and the Illinois River.
Smallen was held in jail for nearly two years from the time of his arrest until after his trial in April. District Judge Jeff Payton set a $25,000 bond on Smallen, with the condition he have no contact with state witnesses except through Starr.
Cherokee County Undersheriff Jason Chennault is one of the lead state witnesses against Smallen and Thornburg. “Thornburg’s version of the incident just doesn’t make sense,” Chennault said. “The fact is, three people were at Horseshoe Bend that morning, and only two left there alive.”
