Man Who Escaped OKC Shooting Testifies At Hearing

Wednesday, January 19th 2011, 9:56 am
By: News 9

Jon Jordan, News 9

OKLAHOMA CITY -- Two key witnesses testified against a man accused in the murder of a prostitute featured on the HBO reality series "Cathouse" and three other people during a hearing Wednesday.

Jose Fierro testified Wednesday in the preliminary hearing of David Allen Tyner -- who's charged with six counts of first-degree murder. He has pleaded not guilty.

Four people were shot to death inside a southwest Oklahoma City home. Their bodies were then burned beyond recognition after the house was set on fire. Two of the women were later discovered to be pregnant. The victims included 22-year-old Brooke Phillips -- who was featured on the HBO show.

"I heard a lot of gun shots. It was loud. It was just ongoing," Fierro said during his testimony Wednesday.

Fierro, who is the prosecution's key witness, said Tyner the man responsible in the deaths, telling the court that following the shootings Tyner chased him out of the house.

The defense, who tried weakening Fierro's testimony, proved Fierro never saw the murders happen. Fierro even admitted to being highly intoxicated at the time stating, "I had a lot of shots, a lot of Jägerbomb bombs, some crown and coke, and a couple of beers at Henry Hudson's."

Meanwhile the prosecution focused their argument on a cousin of Tyner's, who said Tyner talked to her about the murders and even asked her to be the getaway driver. At one point telling the court she heard Tyner tell a friend "if we are going to do this then we can't back out, we can't leave witnesses." She said Tyner, a body guard for Casey Barrientos was frustrated he was being underpaid. She added Tyner was a member of the Indian Brotherhood gang and wanted a gangs tattoo, or as the gang referred to it as a patch, reserved only for the gangs most dangerous and respected. She said, "[Tyner] wanted a patch and knew doing something big like this would get him one."

Tyner's cousin also testified that Tyner likely didn't act alone. She said her boyfriend Denny Phillips is also responsible for the murders. He, however, remains in a Tulsa jail stemming from other charges. The DA hasn't said if he'll be filing charges against Phillips.

The hearing is expected to wrap up Friday.