Jay Nunley
(PCSD file photo)
By Patti Weaver
(Stillwater, Okla.) — A Payne County jury composed of six men and six women deliberated for two and one-half hours Thursday before acquitting a man of second-degree murder in the fatal beating of his oldest brother at another brother’s house in rural Cushing.
Jay Lee Nunley, 55, of Ada, who had been held in the Payne County Jail on $1 million bail for about a year, was ordered released Thursday by Associate District Judge Michael Kulling after jurors — some of whom were visibly upset as they left the courtroom — found that the killing was justified.
The victim, Dennis Nunley, 69, died in a Tulsa hospital on Sept. 11, 2023, from a brain injury four days after being severely beaten while all three brothers were in the W. Grandstaff Road home of Doby Nunley, the middle brother, who had bought the Cushing property a month earlier.
During the four-day trial, the victim was portrayed by the defense as being a quarrelsome, dangerous person.
In a nearly one-hour closing argument to the jury Thursday, defense attorney Jodie Gage said that the victim had been described as an outlaw. “He had served some significant time (incarceration) in Mexico and Texas. He carried a knife. This is not a fragile, frail, sick old man.
“Dennis Nunley lived in Mexico with a girlfriend. This man is a pretty rough guy, a tough customer.
“Jay told you he thought Dennis Nunley was the toughest man in the United States.
“Jay said Dennis Nunley jumped up in a rage. He was mad. He gets in a fighter stance and takes a swing at him. Jay didn’t need to retreat. He takes a step forward too. This was not mutual combat. Jay said he rushed him.
“They struggle. As Doby Nunley told Deputy Brandon Myers, there was pushing and shoving. Doby may not have seen everything. Doby told you he was drunk, had four or five drinks.
“Jay told you he was defending himself. He was in fear of his life. Put yourself in Jay Nunley’s shoes. He didn’t have a duty to retreat. He didn’t do anything unreasonable.
“The state of Oklahoma wants to take Jay Nunley’s freedom away for defending himself,” Gage argued successfully to the jury.
In his closing argument, prosecutor Jose Villarreal reminded the jury, “You can’t use this (self-defense claim) if you are the aggressor or willingly engage in mutual combat.
“The defendant called Dennis Nunley a liar. Doby testified the defendant came toward Dennis. Dennis ended up on that rug. The defendant got on top of Dennis and hit him. Doby was yelling for the defendant to stop.
“The defendant testified he had taken Dennis to the ground, was on top of him. He felt his hand hurt. Eventually, Dennis stopped moving and he got off of him. This was a short occurrence. Is it reasonable to be afraid of a 70-year-old man with cirrhosis? Is it reasonable to take this person down and beat him to death? Is it reasonable with his (the victim’s) arm restrained to keep hitting him?
“This is not a case of self-defense. This is a case of self-offense. He killed his brother.”
In the final closing argument, prosecutor Debra Vincent reminded the jury, “Doby told you he had an alcohol problem. He bought that house, invited his brothers to stay with him. What motive would he have to tell you anything other than what happened?
“Jay drinks and Doby drinks. Doby said Jay got really agitated. What everyone did say is the knife never came out of his (the victim’s) pocket. Doby said, ‘Jay, that’s enough — he’s not moving.’ He saw one more punch.
“Didn’t Dennis have as much right to stand his ground as Jay? Doby said Jay got angry, was shouting.
“Jay was 15 years younger. He was heavier. He worked out and exercised all the time.
“If you’re the aggressor or engaged in mutual combat, you’re not entitled to self-defense.
“Was there not a way for Jay Nunley to end this other than result in his brother’s death?
“I would suggest a man who is 15 years younger and heavier is taking undue advantage.
“His brain was damaged beyond repair. Jay Nunley did not act in self-defense. This was not excusable. This crime is violent.”
