Questions Arise About Seminole Deputies Shooting Case

The case of the man accused of shooting and killing two Seminole County deputies is on hold. But many questions have arisen about the case including where the gun came from.

Wednesday, August 5th 2009, 10:43 pm

By: News 9


By Colleen Chen, NEWS 9

SEMINOLE, Oklahoma -- The case of the man accused of shooting and killing two Seminole County deputies is on hold. Wednesday morning a judge honored the defense's request that Ezekiel Holbert undergo a competency evaluation.

Many questions surround Holbert's case including how he got the gun.

Investigators said a 9MM Kel-Tec rifle was used to kill the two deputies, and the gun was purchased in the metro five years ago.

"Any murder case is an emotional case, but generally you don't know the people," said District Attorney Chris Ross.

Marvin Williams, 43, and Chase Whitebird, 23, were both well respected deputies. It's why the OSBI is looking into the history of the weapon that killed them.

"We know the gun was purchased in the Oklahoma City area," Ross said.

The Oklahoman reported that Brigadoon Military Surplus in Del City sold the gun to Ezekiel Holbert back in 2004.

But in a statement, store officials said "Concerning the rifle allegedly used by Mr. Holbert, it is our belief at this time that this rifle was not purchased by Mr. Holbert at our place of business."

Read the store's full statement concerning the rifle purchase.

Any licensed firearm vendor is required to have gun buyers fill out a form that's part of a background check done through the FBI. Brigadoon officials said they follow the procedure. Firearms are only transferred to the purchaser after passing this FBI and BATF background check.

See the background check forms to buy a gun.

Whether Holbert should have passed that check is still unclear

"We haven't received information that shows whether or not he was convicted at the time the gun was purchased," Ross said.

Holbert has a criminal record and past history of mental health problems.

Ross said the OSBI's investigation continues and neither his office nor the OSBI have confirmed exactly what store the gun came from.

Brigadoon Military Surplus no longer sells firearms. In 2004, there were five firearms vendors including themselves all located on the same stretch of road.

You can read their entire statement as well as the background check form online at News9.com

If it turns out the gun was purchased illegally, the case would be in the hands of either the Oklahoma County DA or federal investigators. Results of Holbert's competency exam won't come in for at least one week.

More on News9.com:

- Friends, Family Say Goodbye to Fallen Deputy
- Hundreds Attend Vigil to Honor Fallen Deputies
- Families of Murdered Seminole Deputies Remember, Mourn
- Gunman to Face Death Penalty in Seminole Shoot-Out
- Family of Third Seminole Shooting Victim Speaks Out
- Fallen Seminole County Deputy Honored at Funeral

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