Tulsa Man Stops Trial, Enters Guilty Plea

By Jeffrey Smith, The News On 6

TULSA, OK -- A Tulsa man accused of sexually assaulting an eight-year-old girl pleads guilty Monday, just a day before the trial heads to the jury.

Jurors say they're shocked. Prosecutors say they're frustrated that Brandon Brixey's fate won't be decided by a jury of his peers.

Its Brixey's constitutional right to plead guilty whenever he wants, even in the middle of his trial. So the classic legal question of ‘did he do it beyond a reasonable doubt,' doesn't matter anymore.

Now a Tulsa County District Court judge will decide how much time Brandon Brixey will spend behind bars.

"This man needs to take his last breath in the penitentiary and I will do everything to make that argument to make that happen," said Tim Harris, District Attorney.

After calling dozens of witnesses to the stand, including a 10-year-old victim of sexual assault, Brandon Brixey told the judge he's entering a guilty plea. 

The District Attorney says he was just two witnesses away from closing his case.

"I'm not going to comment on Mr. Brixey's reasons for making this decision. He did. I do know, as far as I'm concerned, he expressed his desire not to see the children on the stand," said David Phillips, Public Defender.

The attack happened outside a South Tulsa tanning salon two years ago. Authorities say Brixey stole a van with three sleeping children inside and sexually assaulted an eight-year-old girl several times. 

Related story:  3/4/2010 Tulsa Prosecutors Present Case Against Brandon Brixey

The child's mother was one of the first witnesses to take the stand in the trial. The victim took the stand to testify a few days ago. One of the last witnesses who would have testified was another child in that van, who is now five-years-old.

Before that could happen, Brixey said he'd rather have the judge decide his fate instead of the jury.

"I wanted him, in the presence of his lawyer, to know that the state of Oklahoma is not backing off on this," said Harris.

Judge William Kellough will decide Brixey's fate on April 19th. The big question is if he'll run the life sentences consecutively, meaning Brixey will never get out of jail. Or he could run those life sentences all at the same time, meaning Brixey could be out of prison in 39 years.

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