OKLAHOMA CITY (KFOR) – A third suspect connected to a deadly would-be armed robbery that happened outside the Harkins Theatre in Bricktown in August has been charged.
The alleged getaway driver is now facing first-degree murder charges.
“If a person is recklessly indifferent and is a major participant in the crime, then the death penalty is on the table,” said defense attorney Gary James, while explaining the charges to KFOR. “It’s felony murder because our Legislature has said first-degree murder encompasses malice of forethought, premeditated intent to commit a murder, or if during the commission of one of these crimes someone dies, you can be charged with first-degree murder.”
According to new court documents, Heather Said is facing first-degree murder and armed robbery charges.
The affidavits laid out how the attempted robbery began on August 23rd, outside of Harkins Theatre in Bricktown, before the would-be victim pulled out a gun and killed Travis Prince.
The 39-year-old told officers the trio drove around Bricktown discussing robbing somebody.
Said allegedly told investigators, “The gun Prince used to rob [the victim] was her personal firearm, she had purchased from a local gun dealership. Said advised she had given Prince the gun shortly after she picked up Prince and [the 15-year-old].”
“It sounds like she was pushing that envelope of participation in the crime,” said James.
Said also told investigators the trio discussed robbing someone earlier in the evening while driving around. When they decided to drive to Bricktown and park in the theater parking lot. Said stayed behind in the car while Prince and the teen searched for a target.
However, the armed robbery attempt backfired.
“Some individuals were walking around Bricktown. Another male individual tried to rob them at gunpoint, at which time the intended victim pulled his own weapon and shot and killed the suspect,” Captain Ivan Esau, with the Oklahoma City Police Department, told KFOR the night of the incident.
The teen, whom KFOR is not identifying until he is formally charged, ran off. Prince later died at the hospital.
Court documents allege Said told police that she, “Heard the gunshots and saw Prince fall to the ground.”
“While she may not have had any intent to take anyone’s life or obviously didn’t intend for the co-defendant to take a life, the Legislature has said those are felony murders,” said James. “You face it just like it was premeditated murder. It’s potentially the same penalty, life or life without parole.”
“It is rare for a death penalty to be sought on a felony murder, but it can be,” said the attorney.
Investigators also filed a search warrant, so they will be allowed to search Said and the teen’s phones.