A Perkins woman was shot and killed after she caught two men burglarizing a car. Now News 9 has learned one of the men accused of killing her had a warrant out for his arrest, but was let out of state custody anyway.
Brian Cook was released from custody on July 9 of this year. He has a warrant out for his arrest in Mayes County.
The spokesperson for Department of Corrections says they let Cook go because Mayes County never filed a detainer asking to be alerted when Cook was to be released.
In Mayes County, they say the DOC didn't tell them Cook was in custody like they usually do.
Lorinda Frans spent the last eight months living in Perkins taking care of her granddaughter Emily.
"Lorinda was her memaw," Frans' son in law, Will Payne, told News 9. "She was an important and valued member of our family."
Then two weekends ago, while Frans was visiting friends in Oklahoma City, she and her husband walked into a crime in progress.
"There were two men going through her car, when her husband yelled at them one of them got out and shot her," Payne said.
In short time, police would arrest Brandon Bates and Brian Cook.
It was on the online comments of that story on News9.com that tipped off Payne that Cook had an outstanding warrant in Mayes County.
The Mayes County Sheriff's Department confirms Cook is wanted for two warrants dating back to 2000: a felony warrant for attempted escape from a police officer and concealing stolen property and a misdemeanor warrant for DUI.
Those are charges Mayes County says they would have asked the DOC for a detainer on if they would have known Cook was in custody.
"If he had been held for another county, if he would have still been incarcerated he wouldn't be out there to kill someone, to kill my mother-in-law, to kill me memaw."
Murder charges were filed officially filed on Friday against Cook and Bates. Court papers say Bates told officers Cook was the one who fired the gun.
Both Bates and Cook are facing first degree murder charges.