Murder Charges Re-Filed Against OK Woman Found Incompetent For Trial In 2011

Tulsa County prosecutors re-filed a first-degree murder charge in a 2011 case.

At that time, suspect Michelle Millikin was found incompetent to stand trial. Prosecutors want to know if she is now competent.

9/26/2018 Related Story: First-Degree Murder Charged Refiled In 2011 Tulsa Homicide

The new murder charge means the family and the attorneys are back at square one.

Prosecutors charged Millikin with first-degree murder for the second time after police said she stabbed her uncle, Gary Bailey, in 2011 at a west Tulsa home.

The arrest report said Bailey went inside the house and said, "Michelle stabbed me in the heart," before he died during emergency surgery.

Two years later, Millikin’s murder charge was dismissed because she was found incompetent to stand trial.

"She's been receiving treatment over the past several years and it's time to take a look in court," said Assistant District Attorney Kevin Keller.

In a mental health evaluation filed in 2012, a forensic psychologist with the Oklahoma Forensic Center wrote:

"Ms. Millikin replied that she was charged with 'drinking a beer.'" When she was told she was charged with first-degree murder, the report says she responded, "murder of who?" 

It also says:

"....it appeared she was experiencing auditory hallucinations to a degree that they significantly interfered with her ability to participate in this evaluation, much less attend to court proceedings..."

12/11/2013 Related Story: Charge Dismissed For Tulsa Woman Accused In 2011 Stabbing Death

Seven years after Bailey's death, Keller said he and the family want to find out if she is now competent to stand trial.

"She's gonna have to get evaluated by a licensed forensic psychologist by the Oklahoma Forensic Center. The court's gonna have to weigh that decision after she is examined by licensed professionals," Keller said.

The District Attorney's Office said Millikin is expected to be booked into the Tulsa County Jail by the end of the week.