Prosecutors will not seek death penalty for Sallisaw shooting spree

TAHLEQUAH, Okla. (AP) -- Death penalty charges will not be sought for a man accused of going on a deadly shooting spree, a prosecutor said Monday.<br><br>Sequoyah County District Attorney Richard Gray

Monday, March 1st 2004, 12:00 am

By: News On 6

TAHLEQUAH, Okla. (AP) -- Death penalty charges will not be sought for a man accused of going on a deadly shooting spree, a prosecutor said Monday.

Sequoyah County District Attorney Richard Gray said he will not seek the death penalty for Daniel Hawke Fears, 19, of Sallisaw, because of Fears' age, his lack of criminal history and his alleged mental impairment at the time of the Oct. 26, 2002, shootings.

"This was not an easy decision to make," Gray said, "but after reviewing all the facts and evidence of the case, I will not seek the death penalty.

"My heart goes out to the victims because they deserve justice," he said.

Fears faces two counts of first-degree murder and 16 other felonies for the shooting that killed Patsy Wells of Sallisaw and Reba Spangler of Fort Smith, Ark.

He remains jailed in Sequoyah County without bail.

Police believe Fears became angry when he was scolded for his driving in a Sallisaw neighborhood, broke into his father's home, took a shotgun and shot and killed Patsy Wells, 61, who lived next door. Wells' husband, a neighbor and a 2-year-old girl were shot and wounded.

Fears then began driving his pickup truck east on U.S. 64 and shooting at random, police said.

Fears allegedly stopped and fatally shot Spangler, 68, as she shopped at a Sallisaw car dealership. A salesman was wounded and survived.

Four other people were shot and wounded before Fears was arrested after crashing his truck near a police roadblock.

Gray said he expects Fears' attorneys to use an insanity defense.

Doctors hired by the defense have said Fears has a psychotic personality and believes he is influenced by extraterrestrials. He has been taking medication and was determined to be competent for trial.