Accused Tulsa Child Rapist Bound Over For Trial

By Jeffrey Smith, The News On 6

TULSA, OK -- A Tulsa man accused of sexually assaulting an eight-year-old girl will stand trial for the crime.  The girl's mother testified on Monday and it caused the judge to call an emergency recess.

The mother of the eight-year-old victim testified through thick tears.  At one point, she looked straight at Brixey and shouted: "Oh my God, I hate you so much."

That prompted Judge Clifford Smith to ask for an immediate recess.

"This guy just attacked me and so I jumped out and was screaming and he took off in the van, he took off in the van with (child's name), (child's name) and (child's name) in the van. He took off with it," said the victim's mother told a 911 operator on the night of the attack.

Last summer, police say Brixey forced a mom out of her van and then drove off with her three young children still inside.

"He said, ‘don't make me bust this window.' And, he grabs it and pulls the window back. And I just, just out of reaction, I jumped out," the mother told a 911 operator.

Prosecutors say Brixey repeatedly assaulted an eight-year-old girl before running from police after a high-speed chase.

The mother cried as she talked about her daughter's new white-shirt which was bloodied and torn.

A police officer, the first on the scene, testified that the girl ran up to him, jumped up, and grabbed his neck and would not let go.

"I don't think anybody in their right mind would have committed these acts against the girl, and we think the issue at trial will be whether or not he was in his right mind at the time he committed these acts," said Brixey's attorney Kevin Adams.

A jury last week found Brixey competent to stand trial.  The district attorney says Brixey has been faking mental illness for a year.

5/12/2009 Related story: Sexual Assault Suspect Competent To Stand Trial

"We're anxious to present this case to a jury and let justice fall upon Mr. Brixey," said Tulsa County District Attorney Tim Harris.

Brixey faces six felony counts, Including kidnapping, robbery and two counts of rape.        

If Brixey's attorney uses an insanity defense, it will be his burden to prove beyond a reasonable doubt that Brixey was incapable of knowing right from wrong.

If Brixey is found not guilty by reason of insanity he would be placed in the custody of the Oklahoma Department of Health.