Two men charged in the shooting death of a man during a robbery for 11/2 pounds of marijuana will face trial, a judge ruled Friday.
Alfonzo Dwight Tate, 36, of Oklahoma City, and Hershell Eugene Anderson, 21, of Midwest City, are charged with first-degree murder in the slaying of Donte Deshawn McCarther, 21.
McCarther's body was found Jan. 17 near the breezeway of an apartment complex in the 1400 block of N Council Road, where he and two other men had gone to deliver marijuana to a woman, police said.
Tate, Anderson and a third co-defendant, Darron Darrell Fair, planned to rob the men of the drugs and used the woman as a go-between, Fair testified Friday during the preliminary hearing for Tate and Anderson.
Fair is expected to plead guilty to second-degree murder and receive a 12-year prison sentence in exchange for his testimony, attorneys said. He told the judge Tate orchestrated the robbery and Anderson shot McCarther.
“One of the dudes walked up on us and Hershell pulled a gun,” Fair said.
Anderson robbed McCarther of cash while Fair — armed with a replica firearm — walked to a car parked nearby and robbed the other two men of the marijuana and a gun, he testified.
That's when Fair said he heard “two gunshots.”
Wayne Bartlett, 28, and Brandon Raylee Dawson, 21, the men prosecutors allege delivered the drugs with McCarther, were charged with murder because the death occurred during the commission of a crime.
Both men pleaded guilty Friday to amended charges of conspiracy to distribute marijuana in exchange for their testimony, and were sentenced to 10 years in prison, their attorneys said.
Fair's brother, Larry Clayborn, was arrested in connection with the murder but agreed to testify in exchange for a lesser charge and a deferred sentence.
Clayborn testified that Fair and Tate called him on the day of the shooting and asked if he wanted to participate. He said he declined their offers.
Clayborn testified about overhearing a conversation between his brother and Tate after the shooting in which Tate told Fair “he didn't have nothing to worry about” because the woman who set up the transaction wasn't going to talk to police.
After hearing the testimony, Oklahoma County Special Judge Stephen P. Alcorn found sufficient evidence to send Tate and Anderson to trial.