A metro mother fears her pursuit of justice for her murdered daughter may be slipping away.
An Oklahoma County judge recently ordered the release of two suspects charged in the killing of 36-year-old Cherri Brooks, dismissing their cases.
The Oklahoma County District Attorney’s Office has announced they are appealing the judge’s decision. In the meantime, suspects Zaviaire and Demarion Swain will remain under court supervision and wear ankle monitors.
This year, Janet Brooks will have an empty seat at her table for Thanksgiving. “I’ve had death after death, almost not even two years apart,” Janet Brooks, the victim’s mother, shared.
Janet lost her daughter in March when Cherri was shot twice inside her room at the Relax Inn in northeast Oklahoma City.
“She didn’t have any money,” Janet said. “Again, what did you come for? Besides a life?”
Police said the Swains, along with Michael Gaunt, were captured on camera leaving Cherri’s room after the shooting, but investigators couldn’t confirm who pulled the trigger. The brothers were bound over for trial in August during their preliminary hearings. However, their lawyer argued in court documents that Cherri attacked them with a knife and metal broom before the shooting.
“If anybody and everybody that knew my daughter knew, she wasn’t going to hurt anybody,” Janet said. “Three men and a gun are going to overpower 90 pounds and a knife.”
Another judge ruled there was insufficient evidence to proceed with the murder charges against the brothers, ordering their case to be dismissed.
“If they didn’t pull the trigger, they were still there,” Janet said. “It’s called accessory to murder.”
Janet was informed that the appeal hearing could take several months. The DA’s office has yet to confirm whether they will refile a lesser charge if the appeal is denied.
Gaunt remains in custody at the Oklahoma County Detention Center with a $10,000,000 bond. Police said he fled to California after the shooting but was returned to Oklahoma two months ago.
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