Woodward, Okla. — Just 2 weeks before he is slated to go to trial for 2nd degree murder, David Lee Yelloweagle has received another felony charge in connection with the Sept. 2010 death of Jon Watkins.

Last week the Woodward County District Attorney's Office filed a felony case against Yelloweagle for allegedly encouraging a minor to commit or participate in committing manslaughter in the first degree.

According to the charge information Yelloweagle is accused of "knowingly or willfully causing, aiding, abetting and encouraging Jeffery Shawn Spencer to commit or participate in committing Manslaughter in the First Degree, in the death of Jon Michael Watkins."

Spencer was only 17 years old at the time of the assault on Watkins on Sept. 23, 2010.  However, in June 2011 he was charged as an adult with 2nd degree murder, along with Yelloweagle and a third co-defendant Dillan Hager.  Spencer pled to a lesser charge of 1st degree manslaughter in February 2012.

However, the affidavit filed with the charges only alleges that Yelloweagle failed to stop Spencer from participating in the assault.

The affidavit states Yelloweagle "was present during and participated in the assault on Jon Watkins and never made any attempts either verbally or physically to stop or prevent Spencer from assaulting Watkins."

The affidavit doesn't list any specific accusations alleging that Yelloweagle made any encouraging statements or actions toward Spencer to join the assault.

In addition, the affidavit notes that through law enforcement investigations it was determined that Spencer became involved in the attack before Yelloweagle did.

The affidavit states that interviews with Spencer and other witnesses "information was also given that Hager hit Watkins in the face at least two times with a closed fist which knocked Watkins down in the back of the pickup.  Through the course of the investigation statements were obtained that showed that while Watkins was down Shawn Spencer kicked Watkins in the face.  Then, Yelloweagle and Hager hit, kicked, and or stomped Watkins about the head and face multiple times."



ADA DISCUSSES NEW CHARGE

Assistant District Attorney Chris Boring is the prosecutor who signed the new charge against Yelloweagle.

The News spoke with Boring earlier this week to learn why the new charge had been filed and to ask about the timing of the filing, which was more than a year after the original 2nd degree murder charge had been filed.

"I don't really have a reason as to why we filed it now rather than sooner or later," Boring said, noting "we have discretion on what charges we file as prosecutors.  We also have discretion on when we file."

When asked if there was some strategy to filing the new charge just 2 weeks before Yelloweagle's murder trial was set to begin, the ADA said, "I have no comment on that" other than "we believe it was the appropriate time to file."

However, he did tell The News that "we're not filing this as a back up plan" to the 2nd degree murder case.

Boring said the District Attorney's Office is "prepared to go forward on both cases."

Yelloweagle's jury trial in the murder case is set to begin Oct. 15, and a preliminary hearing for the encouraging a minor to commit manslaughter has been scheduled for March 12, 2013 at 9:30 a.m.

"We feel strongly that both crimes have been committed, which is why we filed them," he said, adding "we have an obligation to present the strongest case possible and we believe both to the strong cases."

Boring said the charge for encouraging a minor to commit or participate in manslaughter was filed as a separate case from the murder charge for 2 main reasons: 1) "encouraging a minor to commit manslaughter has separate elements, there are different things you have to prove to convict in the new case that you don't have to prove for 2nd degree murder" and 2) "new facts have come to light," namely that "Spencer has pled to manslaughter since the 2nd degree murder  charge (against Yelloweagle) was filed."



DEFENSE ATTORNEY'S REACTION

Yelloweagle's defense attorney Peter L. Scimeca told The News that he plans to try to get the new charge against his client dismissed as soon as he can.

"I  will be filing a motion to dismiss on Thursday and would hope to get some relief from the court at that time," he said.

Like Boring, Scimeca said he didn't want to comment on the timing of the new filing.

However, he did comment on the nature of the filing.

"The newest case is a complete violation of David's rights against double jeopardy," Scimeca said.

The defense attorney said that the state "can't file 2 cases on one set of facts, it all has to be filed at the same time."

As for Boring's argument regarding Spencer's plea in February, Scimeca said "I would say that is not a new fact, that is an 'of record' fact."

He said with the new filing, "it's clear as a bell that the state of Oklahoma is trying to get 2 bites at this apple."