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.