November 17, 2009 — One of two men accused of a nearly six year old murder has been bound over for trial despite testimony from an investigator indicating he was not the actual murderer.

Charles Horace Kirk, 25, is facing a charge of first degree murder in connection with the disappearance and death of Robert Sims in 2004. Also charged with first degree murder is 26-year-old Eric Brouse of Claremore.

During testimony at Kirk’s preliminary hearing Monday afternoon, ex-girlfriend Jenny Davis and Rogers County Sheriff’s Investigator Chris Bohl testified as to statements allegedly made by Kirk during the investigation of Sims’ disappearance.

Sims was reported missing on March 2, 2004, after his mother had not heard from him in more than a week. In December 2008, investigators acting on a tip recovered several bones they believed to be the remains of Sims at an abandoned coal pit commonly known as the rock quarry at Winganon near Oologah Lake. A letter delivered to the Rogers County District Attorney’s office Monday by Investigator Steve Massey with the state medical examiner’s office states the bones could be Sims, but no testing has been conducted, according to Assistant District Attorney Jenny Sanbrano.

Davis testified that she and Kirk were watching a newscast about a man who had been killed in Catoosa when Kirk confided in her that he had killed someone. She stated that Kirk said they took Robert to the lake and were going to shoot some guns and that he chained Robert to a tree and shot him and then “they” burned him. Davis told the court “they” referred to Kirk and “someone named Eric.”

Further testimony from Davis indicated that Robert’s last name was Sims and that “he was a snitch.”

“He said Robert had snitched on him, over drugs,” Davis said. “He showed me all the areas he did it and showed me what tree.”

According to her testimony, Davis said three days after Kirk stated he had killed someone, he took her to the location where Sims was killed because she did not believe him and wanted proof.

“We walked to a tree and he said this is where I chained him up and shot him,” she stated. “And I can’t remember if it was gasoline or lighter fluid he said he poured on (Sims’) body but he said he lit a match and they watched him burn. He was acting like it was fun and games.”

A few weeks later, according to her testimony, Davis stated she contacted Bohl because she was scared due to Kirk’s alleged threats to hurt her if she reported anything to the police and to incidents of being ran off the road several times and even shot at once in the weeks following Kirk’s alleged confession to her.

In a written statement from Davis, she told authorities Kirk had a gun that he placed in a plastic bag and hid under the carpet in his bedroom at his stepmother and father’s home. Bohl stated based on this information, he served a search warrant at Kirk’s home, but found no gun or hidden compartment. Bohl added that Kirk’s stepmother said Kirk also confided in her about Sims’ death.

Davis testified that she had a relationship with Kirk in 2007 for “about a month,” and that she had spoken with Bohl approximately five times sometime in 2007, even giving locations for each interview.

When Bohl testified, he indicated he had spoken with Davis only one time and that was in November 2008 when she reported the information Kirk had allegedly given her.

Prior to the Sims disappearance and murder investigation, Bohl stated he was familiar with both Kirk and Sims and that in seeing them while working as a deputy, “they appeared to be friends.”

Bohl came to have several conversations with Kirk over a two-day period after Kirk was brought to the Rogers County Jail on a writ from the Department of Corrections in December.

During these conversations, Bohl testified that Kirk agreed to speak with him concerning the Sims case and stated that he was under the impression that Brouse was going to “scare” Sims because of an alleged rape. When asked if Bohl had spoken with the alleged rape victim, he indicated he had not, but did state that she was the “reason this happened” after questioned by defense attorney Jeff Price.

Kirk also told Bohl that Brouse had pointed the gun at both Sims and Kirk and that Brouse told Kirk to assist with Sims’ death.

When Brouse was arrested in December, he made a full confession to then Investigator Darrin Hester, now with the Verdigris Police Department.

Bohl’s testimony shows that Brouse, Kirk and Sims went to a location on Brouse’s parent’s property where they huffed carburetor cleaner before Brouse allegedly pulled out a gun, which Bohl believes was a .38 revolver found at Brouse’s parent’s home, and ordered Kirk to chain Sims to a tree before he shot Sims. Kirk also told Bohl, according to testimony, that the two men then moved Sims onto a brush pile and burned him in an attempt to dispose of the body.

“But that didn’t work so they had to wrap up the remains and haul it to the quarry,” Bohl stated.

When serving the search warrant at the Brouse residence where the revolver was found, Bohl testified the vehicle, a tan Subaru with a sunroof, had been purchased by someone driving by who wanted to buy it, according to the Brouses.

At the conclusion of Monday’s testimony, Price requested Kirk not be bound over for trial citing Davis not being a credible witness and that Kirk was allegedly under threat during the murder.

Judge Erin Oquin denied the request and bound Kirk over for trial. He is scheduled for district court arraignment at 9:30 a.m. Dec. 14 in front of Judge Dwayne Steidley.

Kirk is currently serving a four-year sentence in prison for leaving the scene of an accident involving injury and driving a motor vehicle while under the influence of alcohol, both charges he plead guilty to in August 2008.