Stafford v. State

665 P.2d 1205 (Okla. Crim. App. 1983)

Facts

D, his wife, Verna Stafford, and his brother, Harold Stafford, drove from Tulsa to Oklahoma City to rob the Sirloin Stockade Restaurant. D knocked on the side door of the restaurant. The manager answered the door and was greeted by D and Harold Stafford pointing guns at him. They forced him to take them to the cash register and the office safe. Harold and Verna Stafford held the employees at gunpoint while D and the manager emptied the office safe, which contained about $1290.00. The employees were ordered inside the restaurant's walk-in freezer. D then shot the only black employee, and both men opened fire on the remaining employees. Verna Stafford testified that she heard a lot of gunfire and screaming. D placed his gun in Verna's hand and helped her pull the trigger. All six Sirloin Stockade employees died as a result of the shootings. At trial, D’s wife testified in regard to the facts and circumstances surrounding the Sirloin Stockade murders. She stated that D planned the robbery and subsequently caused the death of several of the employees. Some of the conversations took place while D’s brother was present, and others with just D and his wife. The trial court admitted all conversations with a third-party present and those overheard by third parties. D was convicted and appealed.