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November 6, 2009

Accused killer seeks charge dismissal

By BOB GIBBINS



A Tahlequah man charged with killing Terry Gene Seay in February is once again seeking a dismissal of the first-degree murder charge against him.

Court-appointed attorneys for Bobby Dean Huckaby have filed a motion to dismiss the murder charge, claiming a lack of a lawful preliminary hearing. Defense attorneys and prosecutors joined in a motion last week to have Huckaby sent away for a mental health evaluation and treatment.

Seay’s body was found in an alley near Sequoyah Elementary School, and Huckaby was arrested the following day. Seay had a large knife wound in his neck.

Court records indicate Huckaby was bound over on the murder charge in September. A motion to dismiss the charge was denied at that time by the court.

Details surrounding Huckaby’s arrest and the admission to the homicide he made to investigators are a part of the brief filed Wednesday.

Huckaby’s next scheduled court appearance is Nov. 19. Assistant District Attorney David Pierce is prosecuting the case.

Gretchen Mosley, John David Echols and James Bowen represent Huckaby, and they are all from the Sapulpa office of the Oklahoma Indigent Defense System.

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