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June 23, 2010

Murder defendant Kirk testifies

CLAREMORE — Murder defendant, Charles Horace Kirk, 25, of Claremore took the stand today.

During the morning session, Kirk described his friendship with Robert Sims. Judge Dwayne Steidley called for a lunch time break just after Kirk described thier arrival at the Brouse residence where the murder occurred.

Describing Robert Sims as a “regular kid,” Kirk characterized his relationship with the murder victim as a close friendship.

He also testified as to his observation of Sims’s relationship with a girl named Lisa who would eventually become the wife of Eric Brouse and the motive for murder.

Kirk has stated on more than one occasion that he does not believe Sims ever raped Lisa. He said during the couple of months the couple dated they were “physically affectionate” and that he personally witnessed the two being intimate.

Months later, Kirk would have a “fling” with Lisa himself. He said they remained friends afterward.

Kirk denied that he ever fought his friend Robert, known as Big Man to the gang because of his large size. He said Sims and his family were into wrestling and Kirk participated at times but never had a fist fight with Sims.

“Robert was very, very strong,” said Kirk. “Decent endurance, too.”

Accounts the two had engaged in a fist fight were denied by Kirk.

Kirk said an initial interview with an officer he believes was Mark Pease occurred when he was in the car with Brouse. Notified by his foreman while on a roofing job at the Creek County Courthouse, Kirk said Brouse was present and overheard that investigators wanted to speak to Kirk. Brouse then spoke up and offered to drive Kirk to meet with Pease at the Okie Dokie in Foyil.

Pease was sitting in his vehicle and Kirk was a passenger with Brouse at the time of those questions, Kirk said.

Kirk also testified regarding his relationship with Jenny Davis.

“I met her in Claremore,” said Kirk. “She’s kind of a bizarre girl.”

Kirk said Davis spent one night at the home he shared with his father and step-mother at his invitation, then just didn’t leave. Eventually, he and his family told her she had to go, said Kirk. That was about three weeks later.

At that point Davis reacted  with extreme emotion.

“It was like she was putting on a show,” said Kirk.

He said he did take her to Fisherman’s Landing once, but no one else was present, and he did not see Randall Scott that evening. Kirk testified that he did not have a relationship of trust with Davis.

“She would have been the last person on earth,” he would have told about Sims death he said.

Eventually, the topic turned to Brouse’s reported obsession with his girlfriend .

Price: “Did Mr. Brouse make you aware at some point that he believed Robert had raped Lisa?”

Kirk: “Yes.”

Kirk testified that Brouse had questioned him about the possibility Sims had raped Lisa. He said Brouse only mentioned confronting Sims about it on one occasion that he remembers.

He did believe that Brouse was obsessed with Lisa based on his observations of the couple.

Sims, Kirk, Brouse and Lisa sometimes hung out together, but over time that became much less frequent. Kirk said Brouse acted very possessive of Lisa and progressively more “reclusive” with her.

“It was an extreme possession,” said Kirk.

The defendant also testified that Brouse was a fan of Quentin Tarantino movies and viewed himself as some sort of “mob boss” or character with “cold intent” like those in Tanantino’s flicks.

Price next turned the lens of examination back on Kirk, asking him about his lack of emotion when talking about the day of the murder. He asked if serving time in prison made Kirk control his emotional responses more. Kirk agreed that it did. He said he did feel extreme emotion about that day.

Kirk denied ever bragging about the death of Robert Sims.

Eventually the topic turned to the day of the murder.

Kirk: “Brouse brought us to the property in his own car.”

Price asked how Brouse initiated contact that day.

Kirk: “He showed up at my father’s house.”

Kirk testified he had not seen Brouse in around a month.

“I was outside when he showed up... He said, ‘Hey, I got some carburetor cleaner.’”

Because Kirk had no vehicle at that time, the cleaner he loved to huff was difficult to come by. He thought it was odd, however, because Brouse did not like to huff.

“I believe he had three cans,” said Kirk.

Kirk said that he and Sims were looked down upon by their friends for huffing and most did not participate. Brouse seldom participated. Still, there it was, and Kirk was more interested in getting high than in questioning Brouse’s motives.

“It was a strong addiction,” said Kirk. “If we had our way  about it,  we’d do it all day.”

Kirk said he got into Brouse’s vehicle, a tan Subaru Legacy. He said he did not remember Brouse ever having a maroon car.

“He might have had a red car at his house, a very small one,” said Kirk.

Kirk said he was certain the vehicle was tan.

Brouse and Kirk drove around huffing and listening to music. Now, Kirk questions whether Brouse was really getting high or was faking it.

After a few minutes, Brouse mentioned Sims. Kirk was surprised, but still thought little of the fact.

Kirk told Brouse they would not be welcome “on the hill” where Robert Sims lived with his mother Shirley. Kirk said Shirley had come to strongly disapprove of his friendship with Sims because of the huffing.

“She wanted to keep him off it,” said Kirk.

He said Shirley had run him off, but that occurence was not on the day of  Sims’ disappearance.

They ran into Sims on a road that runs behind the Okie Mart not far from the Sims home. He was walking with another kid, but Kirk said he has not been able to remember the kid’s name.  It was someone he had seen around but has not  seen since.

Like Kirk, Sims seemed a little surprised, but Kirk assured him everything was OK. Sims got into the vehicle.

Kirk said he believes Brouse used him as bait to lure Sims into the vehicle and to the Brouse residence but that he, Kirk, did not intentionally lure Sims to his death.

They stopped for gas. Kirk and Sims paid for the gas and bought cigarettes.

Shortly after getting gas, they ended up at the Brouse residence.

 

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