TULSA, Okla. -- July 27, 2004 – The family of
a slain businessman, Shawn Howard, is seeking justice
for their son in a case that has many questioning
the judgment of the Tulsa County prosecutor’s office.
On June 25, Mr. Howard, owner of a downtown tavern,
located at 23 North Cheyenne Avenue, died from
wounds received during an assault by a vagrant
in the early morning hours of June 24. Howard was hit in the
head as many as 10 times with a steel pipe. His
teeth were broken out. His skull was destroyed.
The killer pursued Howard after he was left stunned
and helpless. Howard was attempting to flee when he was hit
from behind. After the victim was rendered unconscious,
his killer beat him savagely. Tavern manager Josh Martin was also severely
beaten.
The night of the attack, Terry Badgewell, a transient
with a documented history of violent crime, fled the crime scene
and was later arrested on two complaints of assault
with a deadly weapon. He was covered in the blood of Martin
and Howard. Howard's family and friends trusted
that charges would be filed.
They were wrong.
Without even interviewing Martin, the only witness
to the killing, Tulsa District Attorney Tim Harris declined to
press charges and released Badgewell on the grounds
of self-defense. Why? Because, in part, Howard struck
Badgewell with a single light blow with a set
of brass knuckles he was carrying for protection while transferring
receipts for deposit. The eye witness stated
Howard was attempting to warn Badgewell away. Indeed, Badgewell's
booking photo showed no visible marks of any
kind.
The decision has created a polarizing firestorm
of discussion and speculation among local residents that leaves
many scratching their heads. The police investigation
came to a halt after Harris’ announcement.
The Howard family is, however, determined to expose the facts, protect their son's memory, and pursue justice for him.
“We just want the facts of this case to come into
the open, and let the chips fall where they may,” Kay Howard,
Shawn’s mother, said. “We wanted our report to
be objective, and we think it is.”
Based on the D.A.’s pledge to the family that
he would consider any additional evidence they uncovered,
an attorney was hired to conduct an investigation,
produce a report and share the results with Harris, who asked for a copy.
The family had faith in the D.A.’s promise. That faith was soon betrayed.
Two days before a meeting was to occur, the family
was shocked to read the D.A.’s office statement to the press:
They revealed that the upcoming meeting was merely
a matter of “courtesy to the family”, and that, in effect, their minds
were closed.
Mrs. Howard reacted with bewilderment. “We did
everything we could. If they have additional information,
as they have implied, they at least need to show
it to us. After all, we’ve shared our information with them.”
The family’s attorney stated: “Under the law,
this was not an act of ‘self-defense.’ Lethal, disproportionate force
was used after any credible claim of threat from
Shawn toward his killer has disappeared.”
Harris has been repeatedly criticized in the community
for what seem to be inexplicable decisions not to
prosecute violent crimes. This leaves residents
struggling to cope with a skyrocketing crime rate that has
sent Tulsa into the top 15 cities in the nation,
prompting Attorney General John Ashcroft to deploy a task
force of FBI agents to help local law enforcement
cope.
Citizens who look forward to the success of the
City's revitalization projects are concerned that safety issues
may become a major stumbling block. And those
residents outraged at the D.A.’s refusal feel their only option
is to gather the 5,000 signatures necessary to
petition to constitute a Grand Jury under the Oklahoma Constitution.
Mrs. Howard comments: "Shawn worked tirelessly
to make downtown a safer, more interesting place.
All we want is justice for Shawn."
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