Posey prelimary hearing postponed
By Traci Chapman
More than a year after his arrest, the preliminary hearing for a man accused of killing a Calumet woman and her son has again been postponed.
Derek Don Posey, now 31, was scheduled to appear in a July 7 preliminary hearing before Special District Court Judge Jack McCurdy. Posey is accused of killing Amy Gibbins, 22, and her 5-year-old son, Bryor Gibbins, on June 16, 2013.
On Monday, court-appointed attorneys for the Tulsa man requested a continuance of the hearing because of a conflict they had with a case in Stevens County, Assistant District Attorney Paul Hesse stated by email Tuesday.
“The attorneys have a death penalty case that is scheduled to go to trial in the next couple of weeks in that county and they did not believe they could be prepared for the preliminary hearing on Monday due to their trial preparations in the other case,” Hesse said.
Preliminary hearings are held in order for prosecutors to present evidence, which they hope will convince a judge there is sufficient evidence with which to move forward to trial.
It was not the first time the hearing had been delayed because of issues with Posey’s council. Represented by attorneys with Oklahoma Indigent Defense System, the Tulsa man’s first attorney left OIDS, and the first preliminary set in the case was postponed as a result, Hesse said. The next date was also continued when one of Posey’s new attorneys suffered a heart attack shortly before the preliminary hearing was set to begin, he said. Preparation had slowed because the attorney needed time to recover from that heart attack, Hesse said.
A new date for the preliminary hearing – which is generally held much earlier in the process – has not yet been set, Hesse said.
“It is uncommon not to have a preliminary hearing conducted within a year of the filing of charges, but there have been some uncommon circumstances involving the attorneys appointed to represent Posey,” he said.
Posey, who investigators said was working in oil fields around Calumet at the time of the killings, faces five felony charges in connection with the killings. Four of those are for first-degree murder, while another relates to “debit card theft,” according to documents posted on Oklahoma State Courts Network. The four murder counts allege alternative theories in the way Amy and Bryor Gibbins were murdered, Hesse said.
Posey is also accused of taking Amy Gibbins’ debit card as he exited the Calumet home, according to documents. Law enforcement personnel said early on in the investigation, video of the Tulsa man using that debit card was an important part of their investigation.
Posey could face life in prison, life in prison without parole or the death penalty on the first-degree murder charges, while the debit card charge carries up to three years in prison, a $3,000 fine or both. Prosecutors have not yet made a determination concerning the penalty they would pursue against the Tulsa man, Hesse said.
Firefighters first discovered the murder when they found the bodies during the early morning hours of June 16, when they were called to extinguish a fire at the Gibbins’ Calumet residence.
Calumet Police Chief Brian Huckabee requested assistance from Oklahoma State Fire Marshal’s Office in the investigation, which also called in investigators with the Bureau of Alcohol, Tobacco, Firearms and Explosives, as well as Oklahoma State Bureau of Investigation agents.
Posey was arrested June 25, 2013, at his Tulsa home. He has been held in Canadian County Jail without bail since that time.