Two rural Jay brothers, Willie and Waylon Russell, have been charged with two felony counts including murder in the first degree - with deliberate intent, in connection with the shooting death of a rural Jay man.
The formal charges, which include a felony count of drive by shooting, in connection with the shooting of Robbie Kirby, were filed late Thursday, June 7, in Delaware County District Court.
According to information released by the courts, the two men "while acting in concert with each other" committed two crimes at approximately 6 p.m., on Friday, June 1.
In the first felony charge, murder in the first degree - deliberate intent - the two men are charged for the fatal shooting of Dinh Van Hoang, 64.
In the second charge, also a felony, the two men are charged with the drive by shooting at a motor vehicle "in conscious disregard for the safety of Robbie Kirby and Erika Houng.
In the incident Kirby was wounded twice and taken to St. Francis Hospital in Tulsa for treatment.
In both instances, court documents allege Waylon Russell was the primary actor, with Willie Joe Russell "acting in concert as principal and accomplice."
If convicted, the first count is punishable by "death, imprisonment for life, or imprisonment for life without parole and a fine of up to $10,000" for each man.
The second count is punishable "by imprisonment for two years to life and a fine of up to $10,000" for each man.
The two men are being held on a combined $750,000 bond each in the Delaware County Jail in Jay.
About the crime
Willie Russell, 37, and Waylon Russell, 34, were arrested on Friday, June 1, by officials from the Delaware County Sheriff's Office, for first degree murder and shooting with intent to kill.
The arrest came, according to the probable cause affidavit, after Delaware County Sheriff's Detective Tracy Shaw responded to a report of a man shot at his residence on South 670 Road near the Colcord-Keithley Road.
During his response to the incident, Shaw, joined by Oklahoma Highway Patrol Troopers Todd Peyton, Ruben Hernandez and Chad Backward, traveled to a residence on County Road 465, in order to question two men identified as the alleged shooters.
In a pasture, approximately one-fourth of a mile past the residence, Shaw, Backward and Hernandez located Willie Russell in a "highly intoxicated" state, lying down in the tall grass with "a cardboard '15 pack' container of Natural Light beer."
According to Shaw's report, in the probable cause affidavit, there were three full beers left inside the box.
While taking Willie Russell into custody, the affidavit indicates his brother Waylon "stood up from his place of concealment and approached." He then was placed into custody.
Shaw's statement indicates the two men were "completely soaked with water" at the time of their arrest. Waylon Russell told officers he had parked his blue, single cab Ford pickup next to the creek approximately 200 yards north from where the men were taken into custody.
At the time of their arrests, the two men denied leaving the creek area all day, and denied having any knowledge of, or ownership of firearms.
Shaw stated in his report that he believed, based upon the evidence at the scene the two men had been drinking at the creek, and believed the area to be "a likely hiding place" for the missing firearms.
Shaw said during questioning by himself and agents from the Oklahoma Bureau of Investigations, Willie Russell confessed to being at the residence when Dinh Hoang was murdered.
He allegedly told authorities his brother, Waylon was the one who "shot and killed Hoang," while he was present.
Shaw said Waylon Russell refused to answer questions without the presence of legal counsel.
The incident in question allegedly involved three locations: the Hoang residence, the roadway where Kirby was shot approximately a quarter of a mile away from the Hoang residence, and the home where the Russell brothers were taken into custody.
Debra Hoang was home at the time of her husband's death, while Erika Hoang was traveling in the vehicle with Kirby.
Shaw's report states Debra and Dinh Hoang were sitting on the patio, waiting for Direct TV personnel to arrive, when the Russell brothers allegedly drove into the yard.
Debra Hoang ran into the house and hid under a bed. Shaw said there were at least four shotgun casings found in the yard at the Hoang residence and three 30.06 casings. Both the backdoor and front door sustained damage by a shotgun shells.