Joshua David Scott, 21, of Kingston was bound over for trial on six charges, including three of first-degree murder in a preliminary hearing in district court Friday.
The charges stem from incidents, which took place July 12 and 13 that resulted in the deaths of Ashleigh Marie Lindsey, 20, and her unborn daughter as well as the death of Chad Page, 43.
Judge Greg Johnson heard testimony from Lindsey's roommate, Heather Lara and Marshall County Deputy Steve Beebe before rendering his decision in front of the family and friends of both Lindsey and Scott. Scott's formal arraignment is slated at 10 a.m., Jan. 2, 2013.
Testimony revealed an abusive relationship at the hands of her boyfriend Joshua Mahaffey, who was Scott's roommate. Lara divulged a specific incident on March 25, 2012. At that time, Lara said Mahaffey shoved Lindsey's head through the wall twice and burned her with a cigarette. He proceeded to stab himself in the stomach five times before he was taken to the hospital. Lindsey was living with Mahaffey and Scott at the time and moved out seeking safety and moved in with Lara.
Lara said prior to July 13, she had received texts from Scott asking if Lindsey was living with her, which she denied. She also said she sent Scott texts saying her home was under 24/7 surveillance as she was scared for her life.
On the day of the murder, Lara said she was in the master bathroom and did not hear Mahaffey or Scott enter her house.
"At about 5 till' 2, Ashleigh said I love you and the next thing, she screamed and I heard four gunshots," Lara said.
She added she saw Scott standing near the backdoor.
"I was frantic and grabbed a cell phone screaming at Josh, 'Where is the gun,'" Lara said. "Josh said do not call the police, we are just here to talk."
Lara said there were two other people in the house at the time and she was told Ashleigh was still alive. Two calls were made to 911, one by herself and one by a person in the house. Scott left the scene.
Beebe said when he arrived at the scene, he found two people in the guest bathroom.
"I noted three people in the living room," he said. "I went into the bathroom and Ashleigh was lying on the ground, gasping for air, bleeding from the head. Mahaffey was slumped over her with a pistol in his hand."
Beebe noted Mahaffey was deceased when he arrived. He stated he left the scene to look for Scott and reached him by cell phone. He met Scott at the elementary school in Kingston and took him into custody for questioning. Beebe and Deputy David Jones interviewed Scott at the sheriff department.
Page 2 of 2 - Initially, Scott said Mahaffey had killed Page. During questioning, possession of the pistol, which was used to kill both Lindsey and Page ultimately forced Scott to recant his, story and confess he was responsible.
Prior to the murders, the sheriff department had been looking for Mahaffey on warrants and searched the home of Mahaffey and Scott. During questioning, Scott admitted Mahaffey had been home during the search, hiding underneath the trailer home.
Beebe said that Scott told them that Mahaffey had planned to kill himself in front of Lindsey on the day of the murder. Scott took Page's vehicle to Texas and picked him up. Prior to murdering Lindsey, Mahaffey and Scott went to swim in a lake and drink beer.
Eric Jones, Scott's attorney questioned whether Scott could be charged with first-degree murder of Lindsey's baby.
In McCarty vs. State of Oklahoma, it was ruled a fetus must reach the gestational age of 24 weeks before it can be ruled first-degree murder. Recently, the state senate passed legislation determining life begins at conception, which Jones believes will be ruled unconstitutional. Jones also questioned the charge of first-degree murder on the death of Page as it stemmed from a fight and Scott believed the victim had a knife. He further stated there was no evidence that suggested Scott forced his way into Lara's home in the charge of first-degree robbery.
In binding Scott over for trial, Johnson noted that he would rule on the legislature's definition of a human being and noted a higher court could have a different opinion in the case.
"It's a terrible thing but I think the legislature is trying to ban all abortions and it is not constitutional," Jones said after Johnson's ruling. "I think this will come back. I don't think Scott knew what Mahaffey would do and I think Mahaffey was controlling him. I think this will all come out."
District Attorney Craig Ladd said he was limited in what he could discuss because the case is pending.