The Enid News and Eagle, Enid, OK

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August 27, 2012

12-member jury seated in murder trial

ENID, Okla. — A six-man, six-woman jury was seated Monday in the trial of a man accused of murder on Valentine’s Day.

The jury, along with a male alternate, was seated after 5 p.m. in the case of Grady Wayne Lewallen Jr., 33, who is charged with murder in the death of Robert Abraham, 53, at a Enid bar.

Lewallen is charged with first-degree murder, or, in the alternative, second-degree murder. Lewallen initially was charged with second-degree murder in Abraham’s death, but prosecutors asked for the charge to be amended to first-degree based upon evidence in an autopsy report not complete at the time the charge was filed.

If convicted of first-degree murder, Lewallen faces life in prison, life in prison without parole, or the death penalty. If convicted of second-degree murder, he faces 10 years to life in prison.

Abraham was found unresponsive in a bathroom at The Mine Co., 4709 W. Garriott, at about 10 p.m. Feb. 14. He was taken by Life EMS to St. Mary’s Regional Medical Center with possible neck and chest injuries, and pronounced dead at 11:57 p.m.

Lewallen had told police Abraham attacked him in the bar bathroom by kicking in a stall door, and he retaliated by kicking Abraham back.

Lewallen said Abraham fell after he initially kicked him, and he kicked Abraham a total of five or six times, according to an affidavit filed in the case. He also said when the stall door was kicked open, it struck his right leg around his knee.

When left alone at Enid Police Department, though, video of Lewallen shows him punching his knee and dragging his leg across the table, according to the affidavit. When asked about his actions, Lewallen told police he needed to have an injury since he said he had one, according to the affidavit.

Lewallen’s former father-in-law told police and testified during a preliminary hearing Lewallen told him he attacked Abraham.

Since his arrest Feb. 15, Lewallen has been held in lieu of $1 million bond.

The trial is expected to finish Thursday. Opening statements begin at 9 a.m. today before District Judge Dennis Hladik.

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