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April 24, 2012

Charges: Shooting with intent to kill

The Times

Two Tulsa men were charged in Mayes County District Court Monday with shooting with intent to kill.

Isaac Hernandez, 22, was charged with kidnapping and shooting with intent to kill. Diter Westerheide, 45, was charged with two counts of shooting with intent to kill.

On April 17, Locust Grove Police Department received several calls of shots being fired at the Kum & Go convenience store on Holiday Lane at 11:29 p.m., according to the affidavit for a warrant.

Officer Chad Nave responded to the scene where he saw four people standing outside. The witnesses told Nave they were in the parking lot when shots were fired. They said one shooter was driving a red GMC truck and the other was driving a white Ford extended cab truck. Nave canvassed the parking lot and found a 9 millimeter shell casing.

The affidavit says that Westerheide’s girlfriend was involved in the alleged shooting. The girlfriend had been dealing drugs for Westerheide, according to the affidavit.

Westerheide told officers Hernandez shot at him. The girlfriend told officers Hernandez threatened to kill her during the parking lot incident if she did not get in the truck with him. She said the men met to exchange two IPhones. The girlfriend got into Hernandez’ vehicle and Westerheide allegedly began shooting at them. She said Hernandez returned fire.

“She stated Hernandez left the scene and headed toward Scenic Highway 412. She stated they stayed in a hotel on Tuesday night because Hernandez was trying to avoid law enforcement. She stated Hernandez let her leave the following afternoon with her mother,” according to the arrest warrant.

Both cases were set on the preliminary hearing sounding docket May 24. Bond is set at $250,000 each.

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