Preliminary hearing set in Norman road-rage case

Thursday, August 19th 2004, 6:14 am
By: News On 6

NORMAN, Okla. (AP) _ A Cleveland County judge has scheduled a Sept. 14 preliminary hearing for a man accused of killing a Bethany resident in a road-rage incident.

Cleveland County Special District Judge Reg Gaston on Tuesday scheduled the hearing after ruling that David Tarrance Burton was competent to stand trial.

Prosecutors have charged Burton, 64, with first-degree murder in the Feb. 25 death of Timothy James Moore, who was shot during an altercation on Oklahoma Highway 9 in south Norman.

Gaston's ruling came after he, prosecutors and defense attorneys examined the summary report of the examination.

Gaston was concerned that the report had been placed in the court file _ making it available to the public _ and ordered the report sealed.

Burton allegedly confronted Moore, 44, after Moore drove in front of Burton's minivan where the eastbound lanes of Highway 9 narrow to one lane.

Burton stopped his vehicle in front of Moore's car, walked back to Moore's car and punched him through the window of the vehicle, witnesses said.

Moore leaned back into the front passenger seat and kicked Burton in the face, witnesses said. After being kicked, Burton allegedly produced a pistol and shot Moore, then left the scene.

Moore was pronounced dead less than an hour later at Norman Regional Hospital. Burton was arrested at his Shawnee home about 11:45 that night.