A Tulsa County judge ruled Tuesday there is enough evidence to make three 17-year-olds stand trial for the murder of Robert Horton.
Horton was from Texas. He was in Tulsa in March, unloading supplies at a Papa Johns on 11th Street, when he was shot and killed.
Damian Anderson, Frankie Jackson and Jermaine Savory have been ordered to stand trial for attempted robbery and felony murder in Horton's death. Felony murder is used when a felony is being committed and someone dies.
The District Attorney's theory is the three guys were going to rob Robert Horton and ended up shooting him.
They said one suspect talked about "hitting licks," which is street slang for doing a robbery. They said another suspect told police they didn't get anything, implying they were planning to get something, and that another said, had they gotten something, it would've been split between them.
The DA said, add that to their actions that night, and it was clear that robbery was the plan.
"We have these people circling this man like he's prey. And their decision to go around the block more than once, to come back - they backed in so they could leave the scene - it shows exactly what they intended to do. They hunted him down," said Assistant District Attorney Nalani Ching.
Defense attorneys argued no one knows what was said to Horton, because Horton's co-worker testified he only heard crashing noises and Horton yell for help, no other voices. They point out nothing was taken - no watch, no cell phone, no wallet - so there's no evidence there was a robbery or attempted robbery that night. They asked the judge to drop that felony count.
"If that felony count doesn't exist, you can't bind him over for felony murder either," said Anderson's attorney MJ Denman.
The judge didn't buy that argument and ordered the men bound over for trial.
Defense attorneys say they will make the same argument with the next judge in the case.
The three suspects will be back in court next week for their arraignment at the district court level.