Miami man held over for trial

MIAMI, Okla. — Special Judge Nick Lelecas ordered a Miami man to stand trial in the fatal shooting of an Ottawa County man.

Travis Christian Wilbur, 35, appeared in Ottawa County District Court, dressed in orange jail clothes with his feet shackled.  He is charged in the Jan. 5 death of Matthew Vincent Locastro, 27, of Miami.  Wilbur claims the shooting was in self-defense.

Wilbur’s preliminary hearing was initially held in September, but due to time constraints, it was continued until Thursday.

During Thursday’s hearing, prosecutor Chris Garner announced the state had rested its case in September. Jesse Muth, Wilburn’s attorney, verbally made a general demurrer and a demurrer with intent.

Simply put, a demurrer is a motion to dismiss for insufficient evidence, after the state has rested its case. 

Lelecas ordered Wilburn to stand trial and return to court on Jan. 14 for his district court arraignment.

An autopsy report showed Locastro died from a gunshot wound to his head. His toxicology report showed he tested positive for methamphetamine and amphetamine, and his blood alcohol level registered at .18, which is over twice the legal limit in Oklahoma.

Testimony at the preliminary hearing in September suggested the two men were arguing, and in a struggle over a gun, the gun discharged, striking Locastro.

In the arrest affidavit, authorities say there were a total of five gunshots heard on the neighbor's doorbell camera recording. When the last gunshot is heard, Locastro falls to the ground, according to the affidavit.