Couple frustrated after DA refuses to take on their armed neighbor

LUTHER, Okla. - A Luther woman was arrested on a complaint of Shooting with the Intent to Kill, but now the victims say the district attorney told them the case will be thrown out and the defendant will walk away “scot-free."

Danny Voss and his wife have lived in their Luther home for nearly two decades.

They say they’ve been in fights with their neighbor before, but this specific altercation turned dangerous.

Now, the victims fear their neighbor is receiving special treatment when it comes to the law.

“I had nowhere else to turn,” Danny Voss said.

Danny Voss says he feels backed into a corner.

News 4 first brought you this story almost exactly one year ago.

“My neighbor has fired two shots,” Danny Voss said on a 911 call. “I need someone here right now.”

In May 2018, Voss’ wife, Elizabeth, and neighbor, Jane Martin, were arguing over the fence separating their yard.

Voss says their family dog wandered onto Martin’s property, so Martin allegedly grabbed a gun and fired it twice.

“Then she points it straight at me and it goes over my head,” Elizabeth Voss said. “That’s when I hit the ground.”

Elizabeth Voss was so terrified she collapsed.

Her husband called 911.

“I need someone out here now,” Danny Voss said. “She’s having a seizure.”

Martin also called 911 and she had a different version of events.

“We are armed and we have permission to have our guns,” Martin said on a 911 call. “We are licensed to carry.”

“That’s fine ma'am,” 911 dispatcher said. “Like I said, we have deputies en route.”

“I want something done about these squatters and their dog,” Martin said.

Martin admitted to deputies, she fired her gun but said both shots were fired into the air, not at her neighbor.

“Oh yeah, she was calling me all kinds of names down here,” Martin said on body cam.

“Ok, calling you names is not a threat,” the deputy said.

“I’m not going to jail,” Martin said.

“Yes you are,” the deputy said.

Martin arrested on a felony charge - Shooting with Intent to Kill but fast forward a year later.

“We were shocked to learn that they were going to drop the charges,” Danny Voss said.

The couple tells News 4 they were called in to meet with Logan County District Attorney Laura Thomas and Assistant DA Kevin Etherington.

“Mrs. Thomas told me this is a gun state and that everyone in Oklahoma believes in their guns,” Voss said. “They said they didn’t feel like they could win.”

Neither District Attorney returned our calls.

News 4 tried for several days to get ahold of them.

We even visited the courthouse. Both were out of the office.

“If they do what they are telling me, she is going to get off,” Voss said. “There will be no repercussions to her actions whatsoever.”

The Vosses now left facing off against their neighbor every day through the fence.

Both sides refuse to back down.

“Who wouldn`t be mad?” Voss said. “We are letting a criminal go free.”

The defendant was set to appear in court four days after Danny Voss said he met with the district attorneys.

Court documents show that appearance has been rescheduled for May 23rd.

It’s unclear as of right now how this case will proceed.

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