News On 6 has obtained exclusive video of teenage murder suspect, Josh Mooney, behind bars. Could it change the way the case is prosecuted?
Mooney was 14 years old when investigators say he shot and killed Mary Escue in her parents' Jenks home last December.
We filed an Open Records request for the video of Mooney in jail. The video is another juvenile inmate doing a Skype call with some friends. Mooney is in the background.
But it's what he does and says that many will find disturbing.
All phone calls inmates make from the Tulsa County jail are recorded, including the video calls made via Skype.
You can see Josh Mooney in the background of someone else's phone call, laughing and holding his fingers up to his head like a gun.
The caller even talks about Mooney.
Inmate: "Y'all see this little f***** on the news? See this little kid on the news?"
Josh Mooney: "Head shot." (Mimicking holding a gun to his own head.)
Inmate: "This little 14-year-old caught a body. They trying to give this little dude, trying to give him 30, they're trying to give him 30, but he's got a program."
The "body" he's talking about is Mary Escue, a wife, mother and daughter who was visiting her parents' home in Jenks, right before Christmas last year.
The "program" refers to a judge's ruling that Mooney be treated as a youthful offender, which means he could get out in about three years.
Investigators say Escue got home last year to find Mooney trashing her parents' home. They say he put a gun to her head and led her into the study. They say, even though she begged him not to kill her, he pulled the trigger.
You hear him on the Skype video say, "head shot."
The judge declared Mooney a youthful offender, meaning he'll be kept in a juvenile facility, where he'll get treatment, and be released in a few years. Only if he fails the program, will he be sent to an adult prison.
The District Attorney's Office appealed that ruling and wants Mooney tried as an adult. They point to his history--that he fired a BB gun at young children, fired shots into an occupied house, has stolen cars, and has a history of mental health issues. Much of that was while he was already on probation for stabbing FFA show hogs.
Prosecutors say the jail video speaks for itself.
Mooney's attorney said it's wrong, even dangerous to take this one tiny snapshot of Josh Mooney and make decisions that will affect the rest of his life. He said Mooney is a teenage boy in jail with dangerous people, doing what he has to to survive--basically, go along to get along.
He said all the psychologists and experts from both sides, who have spent hours with Mooney, have a better understanding of him than the few snippets of video show.
The judge is expected to decide by Friday whether to stick with his original decision to treat Mooney as a youthful offender or to rule that Mooney be tried as an adult.