What About Josh?
†††††††††††† Not all statements in this are true. Some statements are missing. This reads like the boys showed up in their yard brandishing a shotgun and when the residents refuse to give up the firebird, they shot and wounded one resident and shot and killed the other.†
†††††††††† In fact Josh and Robert did show up in the residents yard with intentions to steal the car. The shotgun was not with them win they showed up in the yard. The resident's dog foiled the plan for them to hotwire and steal the car while the residents slept. The surviving victim's testimony states that when Josh and Robert exited the yard that they had been allowed to use the phone and a quart of oil given to them by the male resident. Still no laws broken.
†††††††††† At the cattle guard, approximately 150 yards from the house, where the two had previously left the shotgun because Josh realized Robert had brought the shotgun from the car and convinced him to leave it there. Robert and Josh argued about returning to the house, split up and went separate ways. Robert returns to the house with the shotgun and ended up committing the said crime while Josh, having failed to persuade Robert to return to their car parked up the road, but figuring Robert would abort as long as Josh did not falter, continued walking towards their car, which was occupied by three teenage girls. He is no longer on the property definitely no longer in concert with Robert. As Hubert Mocha confirmed in his testimony, only one boy came back.
This Second Amended Felony Information form was released after a change in testimony on the part of the District Attorney's Key witness
IN THE DISTRICT COURT OF THE TWENTY-THIRD JUDICIAL DISTRICT SITTING IN AND FOR
STATE OF OKLAHOMA
APR 25 1996
State of Oklahoma,
Plaintiff CASE # CF-95-104
JOSHUA D. STUMP
SECOND AMENDED FELONY INFORMATION
COMES NOW Miles C. Zimmerman, the duly elected, qualified and acting District Attorney in and for Lincoln County, State of Oklahoma, and in the name of and by the authority of the State of Oklahoma, gives the District Court of said County and State to know and be informed, that anterior to the filing hereof, in said County and State and within the jurisdiction of this Court, the above named defendant, JOSHUA D. STUMP, then and there being, did then and there unlawfully, knowingly, willfully, intentionally, wrongfully and feloniously commit the crime of:
MURDER IN THE SECOND DEGREE (21-708.8) in the following manner, to-wit:
in that on or about the 15th day of July, 1995, at a rural location in Lincoln County, Oklahoma, to-wit: nine (9) miles south of Highway 66 on Highway 18 , then 1 .5 miles east and 1/4 mile north on the west side, the defendant did, unlawfully, willfully and feloniously, without authority of law, and without any design to effect the death of one Kathrina Knight, a human being, the said Joshua D. Stump did while being then and there engaged in committing or attempting to commit the crime of Larceny of Automobile, (21-1720), in the following manner, to-wit: in that the defendant did unlawfully, wrongfully and feloniously, while acting in concert with Robert Anderson, attempt to unlawfully, willfully, stealthily and feloniously take, steal and carry away, without the consent of Hubert Moucka, the owner thereof, a certain automobile, a 1994 Pontiac Firebird in the possession of Hubert Moucka and Kathrina Knight, at the above location in Lincoln County, and in their immediate presence, without their consent and against their will, by then and there committing an assault on the said Hubert Moucka and Kathrina Knight with a firearm, to-wit: a shotgun, used to threaten harm to the said Hubert Moucka and Kathrina Knight if they resisted, did then and there demand of said Hubert Moucka and Kathrina Knight certain property, but failed in the accomplishment of said Larceny of Automobile by the resistance of said Hubert Moucka and Kathrina Knight, and that during the course of this attempted Larceny of Automobile the defendant, while acting in concert with said Robert Anderson, did kill one Kathrina Knight by means of a sawed-off .12 gauge shotgun, causing mortal wounds in the body of Kathrina Knight, from which mortal wounds the said Kathrina Knight did languish and die.
Contrary to the Statute in such case made and provided, and against the peace and dignity of the state.
Miles C. Zimmerman
State of Oklahoma, Lincoln County, ss.
I, Barney K. Barnett, being duly sworn on my oath do state that, I read the above and foregoing information and am acquainted with the contents thereof, and that the statements contained therein are true.
This document has been signed by the district attorneys assistant, Barney K. Barnett, and notarized on the 25th day of April, 1996 by Linda Siler, Court Clerk, Lincoln County,††††††††† Oklahoma.