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‘Tooney’ Martin re-convicted of murder
A: Main, news
October 23, 2024
‘Tooney’ Martin re-convicted of murder
By JERRY FINK MANAGING EDITOR

David Deval Martin, 39, was convicted of murder in McIntosh County in October 2016 and sentenced to life in prison without parole.

However, after the U.S. Supreme Court ruled in 2020 in its McGirt decision that state courts lacked jurisdiction on crimes involving Indians in Indian Country, Martin appealed his conviction.

The State Court of Criminal Appeals, in 2021, vacated the lower court’s decision and ordered the case be turned over to federal court for prosecution.

Martin, nicknamed “Tooney,” remained incarcerated while awaiting the filing of federal charges. Those charges were finally filed and his trial began on Oct. 8, concluding on Oct. 11.

Martin, of McIntosh County, was again found guilty, this time of Murder in Indian Country.

During the trial, the United States presented evidence that on Nov. 7, 2013, Martin killed a Checotah area woman with malice aforethought. At trial, the government presented evidence that Martin viciously beat and stabbed the victim, who sustained over 109 separate injuries during the attack, including dozens of injuries to the head and neck.

At the scene of the crime, investigators recovered Martin’s DNA mixed with the victim’s own blood from the front door of the home, and Martin’s fingerprint on the handle of a metal rod used to beat the victim.

Martin’s DNA was also recovered from the steering wheel of the victim’s abandoned car. The crime occurred in McIntosh County, within the boundaries of the Muscogee (Creek) Nation Reservation of Oklahoma, in the Eastern District of Oklahoma.

The guilty verdicts were the result of investigations by the Mc-Intosh County Sheriff ’s Office, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.

The Honorable Timothy D. DeGiusti, Chief U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting by assignment, presided over the trial in Oklahoma City and ordered the completion of a presentence report. The sentencing will be scheduled following completion of the report. Martin will remain in the custody of the United States Marshal until sentencing.

Trial Attorneys Jared Hernandez and Bryan Lynch from the Department of Justice Violent Crime and Racketeering Section represented the United States.

Martin’s victim was Jennifer Kitchens.

She was killed in the early morning hours of Nov. 7, 2013.

Two of the strongest pieces of evidence in the trial were a partial fingerprint an OSBI expert said belonged to Martin that was covered with the victim’s blood – and DNA evidence that also was identified as belonging to Martin.

The fingerprint was found on a bloody, metal, bent broom handle.

Kitchens’ body had many bruises shaped like a broom handle.

The DNA identified as belonging to Martin was found on the inside of the front door of the victim’s house.

The most gruesome day of week long trial came Monday, when State Medical Examiner Medical Examiner Andrea Wiens described the more than 109 separate traumas to Kitchens’ body.

In the melee of blows, 17 of Kitchens’ 24 ribs were fractured.

“There were more rib fractures than I have ever seen on a patient,” Wiens said.

The forensic pathologist testified that the 17 fractured ribs could have caused her death.

“If all are broken together they can’t work as a unit anymore, and if they can’t move as a unit you can’t breathe – it’s a form of asphyxiation,” she said.

Wiens said Kitchen’s liver was torn in four places, which also could have caused death within an hour or so – but she didn’t live that long.

More than 20 blows to the head and neck causing bleeding on the brain and a fractured skull also could have been fatal even without the other major injuries.

Wiens said the severe beating may have taken as long as 30 minutes.

She described the photos in detail, including the imprint of the sole of the shoe on her left cheek – the same imprint that was found in blood on the floor of Kitchens’ rural residence near Texanna Road northeast of Eufaula.

It took the McIntosh County jury 90 minutes to convict Martin.

Braving the festival, honoring a friend
A: Main, news
Braving the festival, honoring a friend
By LENORE BECHTEL 
September 3, 2025
Every Labor Day weekend since moving to Oklahoma, I thought about going to the Dusk to Dawn Blues Festival. But the idea of a yard party running from 5 p.m. to 5 a.m. was intimidating—and I could neve...
A: Main, news
Man injured diving into shallow water
September 3, 2025
A 22-year-old Yukon man was injured when he dove from a pontoon boat into shallow water at Lake Eufaula, according to the Oklahoma Highway Patrol. Patrick Tanner reportedly stopped his vessel to swim ...
A: Main, news
Man found dead in yard; possible suspect investigated
September 3, 2025
WARNER – Warner Police responded to a call early Saturday morning about a dead man laying outside of a residence in the area of Fifth and Third streets. The deceased has been identified as 51-year-old...
A: Main, news
Wellness Day for seniors Sept. 16
September 3, 2025
Heritage Home Care’s fifth annual Senior Wellness Day will be held Tuesday, Sept. 16, from 9 a.m. to 2 p.m. at 126 N. 1st St. (now Bridges Street), which is the former location of Family Dollar. The e...
A: Main, news
Looking ahead: Firm to help guide the way
By JERRY FINK MANAGING EDITOR 
September 3, 2025
What will Eufaula look like in 50 years? Without a plan, it’s anybody’s guess. But the City Council has taken steps to remove at least some of the guesswork. At a special meeting Friday, Aug. 29, the ...
Wine and Art Festival extravaganza Saturday
A: Main, news
Wine and Art Festival extravaganza Saturday
By JERRY FINK MANAGING EDITOR 
September 3, 2025
What: Vision Eufaula Wine & Art Festival When: Saturday Sept. 6, 10 a.m. to 6 p.m. Where: 150 N. Front St. Information: 405-248-2992 or visit visioneufaula.org The fourth annual Wine and Art Festival ...
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5 in race for state school superintendent
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5 in race for state school superintendent
By Jennifer Palmer Oklahoma Watch 
September 3, 2025
So far, five candidates are running to lead Oklahoma’s public education system as state superintendent in 2026. Former Tulsa school board members Jennettie Marshall, a Democrat, and Jerry Griffin, an ...
DOC Director stepping down
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DOC Director stepping down
By KEATON ROSS OKLAHOMA WATCH 
September 3, 2025
Oklahoma Department of Corrections Director Steven Harpe, one of the highest paid officials in state government, will step down on Sept. 30 to take a private sector job. “I’m extremely proud of my tim...
news
Class of ’65 reunion set for Sept. 12
September 3, 2025
Graduates of the Eufaula High School Class of 1965 will get together from 2 p.m. to 4 p.m. on Friday, Sept 12, at the Legacy on Main Street, 224 N. Main St. Graduates of the classes of ’64 and ’66 are...
A site out of this world
news
A site out of this world
By MIKE BARNES 
September 3, 2025
In Eufaula, a town where gossip can outpace the mail, a story is slowly gaining momentum. It isn’t about the latest fishing tournament or Friday night football, but about a cosmic visitor called 3I/ A...
Rest, reflections, and farewells
commentary
Rest, reflections, and farewells
By JOE DORMAN OICA CEO 
September 3, 2025
OKLAHOMA CITY – I hope your Labor Day weekend was full of relaxation. I schedule a vacation each year with friends to get away over this holiday which allows me to “charge up the batteries” for upcomi...
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