Tahlequah Daily Press

Local News

January 27, 2014

Mistrial declared in Roxie Wagers case

TAHLEQUAH — District Judge Darrell Shepherd declared a mistrial in the lewd molestation case against Roxie Lee Wagers Friday night, less than four hours after jurors began their deliberations.

Jurors emerged just before 7 p.m. Friday to ask about the protocol for a “hung jury.” The foreman of the panel told Shepherd the jury members would be unable to reach a unanimous decision on the three felony counts against Wagers, 73.

The foreman told the judge the jury of seven women and five men was having trouble agreeing; some members of the panel felt evidence seemed “questionable,” the foreman said.

He told Shepherd the jury was unable to reach a unanimous decision on any of the three charges against Wagers.

Shepherd declared a mistrial and set the case for the next trial docket, which begins May 19. Wagers’ defense attorney, Donn Baker, asked Shepherd to remove Wagers’ ankle monitor so Wagers can go to work in the Tulsa area, and because of the expense – more than $300 per month – Wagers faces. Baker argued Wagers is not a flight risk and has made all of his court appearances.

Assistant District Attorney Joy Mohorovicic objected to removal of the monitor, but said she had “no problem” with Wagers going to work. Shepherd said he would set the matter for a hearing at a later date so specifics could be discussed.

Wagers is accused of molesting a girl two times and exposing himself to her at another time, though the victim testified during the trial that it had happened more than 100 times.

During closing arguments Friday, Baker suggested the case was a “he-said, she-said” story, and urged jurors not to guess in their decision.

“I suggest to you [the victim] made a very good witness,” Baker said. “You can’t help but feel sorry for her. The question is, was she telling you the truth, or was she lying?”

Baker told jurors the “strongest motive” for the victim’s accusation was an affair between the victim’s mother and Wagers. Details of the affair were denied by the victim and her father when they testified Thursday; but the victim’s mother admitted to the affair when she took the stand Friday morning.

Baker labeled the alleged victim a “daddy’s girl” who would “do anything” to keep her parents together.

Prosecutors told jurors that Wagers’ own words in two recordings prove he felt “guilty” for what he had done to the girl.

“Yeah, it’s a he-said, she-said,” said Mohorovicic. “[Wagers] said he did it, [the victim] said he did it.”

Mohorovicic said Wagers “groomed” the victim from the time she was 6 years old, and left memories that will likely scar the girl – who is now a teenager – for the rest of her life.

jnewton@tahlequahdailypress.com

1
Text Only
Local News
  • City attorney, others questioned chamber use of tourism tax

    Letters written in 2006 by City Attorney Park Medearis to former city councilor and Tahlequah Area Tourism Council board member Jack Spears suggest money from a hotel-motel tax could be disbursed through an agent other than the Chamber of Commerce, without voter approval.

    July 30, 2014

  • Hulbert council discusses Internet service

    During a meeting Tuesday night, members of the Hulbert Town Council discussed the possibility of Lake Region Electric Cooperative’s extending its cable and Internet service.

    July 30, 2014

  • ts-marching-MAIN.jpg Marching in step

    Tahlequah High School Orange Express Marching Band kicks off 2014 season with summer drills.

    The Tahlequah High School Orange Express Marching Band has added 30-35 freshmen to its roster this year, and drills began for the newest members last Thursday.

    July 29, 2014 2 Photos

  • studie-roberta.jpg Woman accused of stealing cash, taking it to casino

    A 35-year-old Tahlequah woman is free on bond after she allegedly took $1,200 from a man who had been jailed for old warrants.
    Cherokee County sheriff’s deputies said they spoke with Jason Jones last week after Jones was arrested by park rangers for the outstanding warrants. Jones said he came to Oklahoma to see family, and when he was arrested, he left his wallet and cash with one of his daughters.

    July 29, 2014 1 Photo

  • svw-Hepatitis.jpg Hepatitis vaccinations important today

    The phrase “back to school” may be disdained by kids for many reasons, including a trip to the doctor’s office to update immunizations.
    But hepatitis cases in Oklahoma provide a good example of why these vaccinations are important.
    “There was a time when Hepatitis A was just crazy in Oklahoma. The state was actually known for it,” said Becky Coffman, an epidemiologist with the Oklahoma Health Department’s Acute Disease Service.

    July 29, 2014 1 Photo

  • hood-raymond.jpg One man caught, another sought after foot chase

    Two people tried to escape sheriff’s deputies, and one was successful, after a traffic stop on U.S. Highway 62 last weekend.
    Deputy Bryan Qualls was on the highway when he noticed a red Chevrolet Avalanche matching the description of a truck that had been spotted at the scene of a recent burglary.

    July 29, 2014 1 Photo

  • Detectives investigate deaths of two elderly residents

    Incident may be murder-suicide

    Tahlequah police detectives believe the deaths of two elderly Cherokee County residents are part of a murder-suicide that took place July 24-25.

    July 29, 2014

  • ts-Tax-free-main.jpg Shopper's delight

    Tax-free weekend coming up Aug. 1-3, just in time for back-to-school savings

    Attention, shoppers: Oklahoma’s Tax-Free Weekend is coming up, beginning at 12:01 a.m., Friday, Aug. 1.

    July 28, 2014 2 Photos

  • ballard-amanda.jpg Woman pleads no contest to molestation

    A Tahlequah woman accused of having more than 20 sexual encounters with a 13-year-old boy has pleaded no contest in exchange for a 15-year prison sentence, though 10 years have been suspended.

    July 28, 2014 1 Photo

  • svw-arch-society.jpg Archaeologist: Spiro Mounds may have been ancient music haven

    People gathered from across the country at the “center of the universe,” bringing with them different styles of music and instruments, each thought to have its own power and importance.
    This could be the description of a modern music festival, but to Jim Rees, it is a picture of the Spiro Mounds 1,000 years before Columbus came to the Americas.

    July 28, 2014 1 Photo

Poll

Do you believe school administrators and college presidents in Oklahoma are paid too much?

Strongly agree.
Somewhat agree.
Somewhat disagree.
Strongly disagree.
Undecided.
     View Results
Tahlequah Daily Press Twitter
Follow us on twitter
AP Video
Obama Chides House GOP for Pursuing Lawsuit New Bill Aims to Curb Sexual Assault on Campus Russia Counts Cost of New US, EU Sanctions 3Doodler Bring 3-D Printing to Your Hand Six PA Cops Indicted for Robbing Drug Dealers Britain Testing Driverless Cars on Roadways Raw: Thousands Flocking to German Crop Circle At Least 20 Chikungunya Cases in New Jersey Raw: Obama Eats Ribs in Kansas City In Virginia, the Rise of a New Space Coast Raw: Otters Enjoy Water Slides at Japan Zoo NCAA Settles Head-injury Suit, Will Change Rules Raw: Japanese Soldiers Storm Beach in Exercises Raw: Weapons Fire Hits UN School in Gaza Raw: Rocket Launches Into Space With Cargo Ship Broken Water Main Floods UCLA Two Women Narrowly Avoid Being Hit by Train Crayola Announces Family Attraction in Orlando
Stocks