A man accused of beating and killing his stepfather by giving him an "atomic wedgie" was in court Thursday to see if there was enough evidence to go to trial.
A total of four witnesses took the stand for this preliminary hearing. And all of them testified the stepson Brad Lee Davis admitted to getting into a deadly fight with his stepfather.
Brad Lee Davis said nothing as he was led into the courthouse for his preliminary hearing. He is facing a first degree murder charge and is accused of killing his stepfather, Denver St. Clair, by beating him and giving him an atomic wedgie.
Prosecutors introduced the Medical Examiner's report, stating blunt force trauma and asphyxiation were St. Clair's cause of death.
First witness to take the stand was James Allen Howell, a longtime family friend. Howell said he hung out at St. Clair's house a lot growing up. Howell said Davis and St. Clair always seemed to get along with each other.
Howell testified he got a text from Davis on December 21,2013, the night in question, saying Davis was going to "F*** Denver up." Howell said he texted Davis not to do it, texting it was "not worth it."
Howell testified that the next call he received was Davis saying "help me, help me, help me."
Howell said when he arrived at the house located at 4 Shadow Lake Drive near McLoud, he found St. Clair lying on the ground in a pool of blood and Davis yelling "help me" over and over again. He testified Davis even bowed up to him, but did not fight him.
Howell said that was when he went outside and flagged down a passing police officer.
Howell testified days later Davis and him were splitting wood together, and said Davis told him St. Clair started the fight with him. During cross examination, Howell testified Davis told him he never meant for that (the death) to happen.
Second witness Derek White is an OSBI agent who was part of the Pottawatomie County Drug and Violent Crimes Task Force. He testified he is the person who prepared the search warrant affidavit.
White testified when he was called to the scene, he found a large amount of blood in the living room and kitchen area and found St. Clair's body on the ground. He said he found lots of blood spatter in the kitchen, on the walls, in the island and on the living room ceiling.
White also said St. Clair has blunt force trauma to his face. His underwear was pulled over his head and that the elastic waistband was around his neck. Prosecutors entered pictures of the victim at the crime scene into evidence.
White said at the crime scene, Davis told him that his stepfather, Denver St. Clair, called him over to the house that night. White testified that Davis claimed St. Clair was drunk, and was talking bad about Davis' mom and kept calling Davis "boy." Davis reportedly said St. Clair instigated the fight and kept coming after him.
White said Davis confessed to giving St. Clair an atomic wedgie, and that he was unconscious and gurgling at the time he did it.
White testified that he believes Davis made several false statements during his questioning. White said he did not believe everything Davis stated happened that night really happened.
Court papers state Davis did call some friends, and did call 911.
Third witness Brad Gaylord is a DA investigator who is also with the task force. He testified he interviewed Davis on December 31 for a follow up interview. Gaylord testified Davis voluntarily showed up for the interview.
Davis' defense attorney said there was no proof of malice aforethought brought forth during the hearing and asked for the judge to reduce Davis' charged to Manslaughter or Second-Degree Murder, claiming Davis acted in self-defense in the fight instigated by St. Clair. The assistant DA countered saying Davis did not call 911 immediately after the fight and testified it appeared he altered the crime scene and took pictures of it. The assistant DA also reminded the judge that Davis was not drunk and even called and texted friends and admitted to taunting the victim during the fight, proving malice aforethought.
The judge ruled there is enough evidence to go forward with the trial, saying Davis sent the text to a friend about "going to f*** Denver up" proved premeditation. Davis's arraignment is set for July 13 at 9 a.m.
Several members of both the Davis and St. Clair families were in the courtroom, about a dozen at my count.
Reporter Adrianna Iwasinski is following the story. Stay with News 9 and News9.com for updates.