Daniel Fears Reversal Upheld; Victims Outraged

Tuesday, January 30th 2007, 10:01 am

By: News On 6

Outraged victims speak out against the ruling on the man who shot them. The state Court of Appeals has re-affirmed its decision that Daniel Fears is not guilty by reason of insanity. And News on 6 reporter Steve Berg says there may be nothing that anyone else can do about it.

Shooting victim Jim Nunn says he was working at a car dealership in Sallisaw and watched as Daniel Fears shot a woman in the back of the head. He says he was then shot and wounded by Fears.

Nunn just cannot believe the court of appeals overturned the jury's guilty verdict.

"The judges are the dictators in Oklahoma City, and they run our law, our courts,â€ said shooting victim Jim Nunn. â€œAnd the local people have nothing to do with the courts. It's upsetting to me this can happen in Oklahoma, in the United States of America."

Jim Nunn still has shotgun pellets in his body and lung, and the doctors say he can't go jogging like he used to for fear of injury. Even five-years later, Nunn says he still has nightmares about being shot by Daniel Fears

"I still am on medication, I still go to counseling, been through a couple of surgeries," he said. "I have to have medication to sleep and to prevent panic attacks and stuff like that."

He now has more angst over the Court of Appeals decision.

One judge did dissent saying his colleagues were acting like "philosopher kings" and saying there should be a retrial. But the other judges ruled that it would be double jeopardy to retry Fears.

Nunn says it all makes local juries useless.

"They spent a long time, they deliberated, they listened to the evidence, they made a decision, and now it was all for nothing," he said. "Why do we have courthouses? We can have one to keep documents and records, but let's not have court there anymore. Let's let the guys from Oklahoma City run it."

Nunn has kept in touch with the other seven survivors of the shooting and says it will be tough on them all. He says he keeps going for his two-year-old granddaughter.

The state Attorney General's office says the only other option at this point is the U.S. Supreme Court, but they say an appeal to the Supreme Court might not even be possible. They're reviewing case law to find out.