A Rogers County jury in the trial of Dakota Shriver, 23, and Gage Shriver, 21, was seated Monday afternoon. Both were charged in connection with a 2015 hit-and-run wreck that killed Noelle New and seriously injured her friend, Maranda Talley.
Noelle New's mother took the stand late Tuesday morning, September 19, giving a very emotional testimony.
The district attorney asked her about the day she found out her daughter was dead and that Noelle's friend - Maranda Talley - was seriously hurt. She said that a friend called to ask if Noelle was home after seeing on Facebook that she was dead.
The DA pulled out Noelle's shoes, socks and cell phone, and her mother said it was the first time she's seen those things since she died.
The defense attorney had the floor before her testimony and said that Gage Shriver wasn't fully conscious when the vehicle came to rest. He says the charges are too aggressive, contrasting Gage and Dakota Shriver's second-degree murder to other situations with similar charges.
Court records show the brothers were drinking beer and fighting over the radio when their truck hit the two women.
OHP said two women were walking at about 5:30 a.m. June 5, 2015, at 530 Road and South Meadow Ridge Road when a vehicle hit them and kept going. Investigators believe Gage was behind the wheel when the two women were hit.
Court records state the Shriver brothers left the scene without notifying authorities then returned later with their mother, Dorthea Butanda. At that time, they called the police to say they'd discovered the two girls and took evidence from the scene, according to an affidavit of probable cause.
Dorthea Butanda has a court date in November.
Monday, the judge denied Dakota's attorney motion to dismiss the case on the argument that the district court doesn't have jurisdiction.
His attorney argued that Dakota is Native American and the crime he's accused of happened on Native American land.
The judge also denied Dakota's motion to push back the case.