NORMAN — First-degree murder charges have been filed in Cleveland County District Court against two men in connection with the death of an 80-year-old Norman man.
Brandon K. Reed, 19, and Billy Dean Battenfield, 58, both of Oklahoma City, are charged with killing Clair “Owen” Pollard at his southwest Norman home Nov. 20.
Battenfield, who has a criminal history, and Reed were arraigned Friday and ordered held without bail at Cleveland County Detention Center. District Judge Lori Walkley has been assigned to the case.
District Attorney Greg Mashburn, who will be prosecuting the case himself, said combined evidence led to the charges.
“When we file first-degree murder charges, we don’t take that lightly, and we want to do our homework and make sure we’re filing correct charges on the correct people,” he said Friday at a news conference.
“It’s a responbility we take very seriously, so I don’t think two weeks is very long at all to get first-degree murder charges filed,” Mashburn said. “Especially when we’re talking about a crime of this nature and on two individuals.”
Mashburn said the two men possibly could serve life in prison, life without parole, or receive the death penalty. He said he is considering seeking the death penalty.
Death penalty cases have to have what Mashburn called “aggravating circumstances” or compelling evidence — such as forensic evidence, history or common scheme — that suggests a death penalty would be just.
“Certaintly, if we end up filing a bill of particulars and asking for the death penalty those prior convictions would come in as aggravating circumstances to warrant the death penalty,” he said referring to Battenfield’s criminal history. “If you look at the nature of the crimes, that’s something that potentially could be used if they are similar enough in nature.”
Although he could not discuss details of a possible plea negotiation, Mashburn said, if either defendant pleads guilty it will not change the possibility of receiving either of the three punishments.
Recounting events
Mashburn accused Battenfield and Reed of robbing Pollard on Nov. 20 in his Norman home, 2206 Barton St., of jewelry and credit cards.
According to the affidavit of probable cause filed Friday with the charge, Battenfield and Reed used the credit cards within four hours of assaulting and killing Pollard.
Survelliance images of the two using the credit cards in at least three different stores led police to interview Reed, according to the court record.
“After waiving his rights per the Miranda Decision, the defendant admitted to taking part in the assault which led to Mr. Pollard’s death, by use of multiple weapons, over the course of an hour,” according to the affidavit.
Oklahoma Chief Medical Examiner representative Amy Elliott said Pollard’s death was ruled a homicide by multiple stab wounds.
Criminal histories
Battenfield has previously served prison time for second-degree murder in New Mexico, and two counts of first degree murder in Texas, according to an enhancement page filed with the charges. He has also served prison time in Texas for passing a forged instrument, and prison time in Nevada for burglary and robbery with use of a deadly weapon.
According to the California Department of Corrections, Battenfield was sentenced to three years in prison for resisting arrest. And the Texas Department of Criminal Justice reports he was sentenced to two years for escaping out of Walker County Jail.
He was on parole in Oklahoma at the time of Pollard’s slaying, and Mashburn said he still is investigating the details of Battenfield’s criminal history.
“Certaintly there are concerns with people who have that prior history being able to just come to Oklahoma and move in and just be free to do things that we have alleged in this case,” he said.
Jason Clark, public information officer with Texas Department of Criminal Justice, said Texas court records show Battenfield was released in July 2000 on mandatory supervision, which allows for certain offenders with enough calendar time and good behavior to be released prior to completion of entire sentence.
Cleveland County’s Mashburn said no evidence exists suggesting Battenfield is linked to unsolved murders, and said most homicides, including this one, aren’t random.
“Usually it’s not a stranger act,” he said. “Usually it’s somebody that they know or somebody that they were at least acquaintances with. In this case the evidence points to Mr. Reed and Mr. Pollard at least knowing each other. It is very unusual for a stranger to seek out someone.”
Unrelated charges — including three counts of burglary, three counts of arson, endangering human life and cruelty to animals — currently are pending against Reed in Cleveland County. Mashburn said those charges will continue to be prosecuted regardless of the new charges. Mashburn said the murder-related charges will take precedence over previous, unrelated charges.
Reed will be represented by attorney Irven Box, but Mashburn said Battenfield does not yet have representation.
A preliminary hearing conference for Reed is set for 1 p.m. Dec. 13.
This is the second homicide in Norman this year.
Hannah Cruz 366-3540 hcruz@normantranscript.com
