Owenby shot,
killed in 2015
Murphy – It’s been a little more than five years since the lives of two families were shattered in an instant.
The death of 44-year-old Terry Owenby and the subsequent murder trial will be remembered and talked about for decades. While there are no winners in this years-long battle for truth, perhaps the people affected by these events can move forward with the healing process.
“I’m just glad that it came out the way it did,” 60-year-old Daniel Hughes said outside of the courtroom Thursday after the jury rendered its verdict.
On the afternoon of March 14, 2015, Hughes shot and killed Owenby during a confrontation outside King’s Leather Craft on U.S. 64 West in Ranger. Owenby and a tow truck driver had pulled into the business’ parking lot to establish better cell phone reception and arrange payment for the tow company following a wreck. After Hughes stepped outside and asked them to move their vehicles, which were blocking the entrance to his family’s business, a confrontation ensued.
At trial last week in the Cherokee County Courthouse, Hughes testified that he was headed back toward the building after asking the men to move when he heard squealing tires. He turned around and saw Owenby “spinning a donut in the parking lot,” with his driver’s side door “wide open.”
Owenby then backed his truck into a parking spot and jumped out while cursing at Hughes and “flippin’ the bird.”
“I didn’t know what to think,” Hughes testified. “I’ve never seen anybody flippin’ out like that. It was not your normal customer.”
Hughes told jurors Owenby then said, “After the day I’ve had, I don’t care to whip your damn ass,” moments before another vehicle sped into the parking lot and stopped in front of the store. Hughes said he thought a customer had stopped to shop, so he was about to tell them not to exit their vehicle because of Owenby’s behavior.
However, a man from the wreck site, later identified as Daniel Hall, immediately jumped out of the car, ran toward Owenby and said, “You need to chill out. You need to calm down.”
Hughes then said, “This is a place of business,” which prompted Owenby to move toward him. Hughes then realized he needed help, so he pulled out his cell phone to call emergency 911.
“As I got my cell phone out, Owenby said, ‘You call the (expletive) cops, I’ll kill you, you son of a bitch,’ ” Hughes testified. As Hughes dialed the number, Owenby crouched and removed his shirt.
“I thought he was going to tackle me,” Hughes told jurors. “He was in a rage. I’ve never seen anybody act like that in my life.”
Hughes then drew a .22 caliber revolver from his pocket, which caused Owenby to hesitate. Hughes testified that Owenby then said, “I’ll just kill your damn ass.” Moments later, the 911 operator answered the call, but Hughes didn’t know it at the time.
“Touch me. Touch me. Touch me,” Hughes said, according to the 911 call played in court. Hughes told jurors he uttered those words as a warning to Owenby.
“I’m trying to get the point across,” Hughes said. “I’m shaking my head. I’m pointing my gun. I was trying to tell him, ‘Don’t touch me.’ ”
At this point in time, Hughes was backed up near the corner of the store’s glass entrance. The 911 call played in court captured someone saying, “(Expletive) you,” a moment before the gunshot. Hughes testified that Owenby yelled those words while advancing toward him.
“I had to shoot and kill him to keep him from killing me,” Hughes said. “I don’t have the physical strength to protect myself.”
Over the course of Hughes’ testimony, he disclosed that he has several medical issues that prevent him from engaging in physical altercations. He testified that he became ill in 2011 and underwent “five surgeries in two weeks.” He lost 75 percent of the strength in his left arm and more than 50 percent of strength in his right arm. He also suffers from diabetes and a hernia in his stomach.
“This is a justifiable homicide,” Hughes’ attorney, Rich Cassady, told jurors during closing arguments. “He has no duty to retreat. If he didn’t have that pistol, he’d be in an ambulance.”
Prosecutors argued the shooting was unjustified, and suggested Hughes provoked Owenby.
“Frankly, there is not a clear motive in this case, but that doesn’t mean Hughes didn’t premeditate the killing of Owenby,” assistant district attorney John Hindsman said during closing arguments. “Words of provocation have never been more clearly stated.”
Prosecutors also tried to convince jurors that Hughes’ story in court differed from what he told police during the interrogation. However, the defense argued that police never allowed Hughes to better explain the events of that day, never asked detailed questions to understand what happened step by step, never asked him about health issues, never asked why he called 911 for help, and never followed up with him – as they did with witnesses – to see if he remembered additional details after shock from the event diminished.
According to video played in court, police interrogated Hughes for less than an hour and charged him with murder about 30 minutes after concluding the interview. Hughes told jurors that he “summarized” events as best he could during that short interrogation after police simply asked, “What happened?”
“I was being as honest as I could be about everything,” Hughes told the court.
Hughes’ testimony largely conflicted with the state’s key witness, who said Owenby turned away from the situation several times but re-engaged each time Hughes made another comment. Hughes testified that Owenby never turned away during the confrontation and “never stopped advancing” toward him, except for the moment he paused after seeing the gun. Hughes also dispelled rumors that he re-entered the store at some point during the argument with Owenby.
“I never went inside the store,” Hughes said.
Defense attorney Holly Christy called several character witnesses to testify about both Owenby’s and Hughes’ reputation in the community. Each witness who knew Owenby said he had a reputation of violent behavior. Witnesses who know Hughes said he has a reputation for being “peaceful” and “truthful.”
“Terry Owenby died as he lived – in violence,” Cassady told the court. “His last words on this Earth were, ‘(Expletive) you.’ ”
A jury of seven men and five women deliberated for less than five hours before rendering a verdict of not guilty. That happened even without the knowledge that Owenby had methamphetamine in his bloodstream at the time of the shooting, which the judge ruled was inadmissible evidence prior to trial.
Owenby’s friends and relatives in attendance immediately left the courtroom after the verdict, while Hughes’ loved ones wiped tears from their eyes and exchanged hugs.
“The truth finally came out,” Hughes said.