ARAPAHO — A man who faces a first-degree murder charge attended his preliminary hearing Tuesday in Custer County District Court.
Dennis Ray Rigsby Jr. 37 of Oklahoma City, faces the charge of first degree murder — deliberate intent, in connection with the death of his mother, Judy Mullin in June.
When authorities arrived on scene, Rigsby said, “I plead the 5th Amendment of the Constitution of the United States.”
Authorities believe Rigsby is the man responsible for the death of Mullin, 66 of Azusa, California. Court records show Mullin was Rigsby’s mother.
During the preliminary hearing Tuesday, many witnesses gave testimony and defense attorneys, Richard Yohn and James Reedy, attempted to look for information through the witnesses which would indicate Rigsby was not mentally stable during the incident.
Emergency Medical Services advanced provider Chris Swihart testified Tuesday he was one of the EMS workers who questioned Rigsby on his health the day of the incident. Swihart said Rigsby was not answering questions and zoned out often throughout their interview. Swihart said he found many reasons to believe there was something medically wrong with Rigsby on the night of the murder. He said he was not qualified to diagnose Rigsby, but could categorize Rigsby as to possibly being mentally unstable. Swihart said Rigsby also could have been experiencing diabetes or some other form of disease which could cause Rigsby to act zoned out or incomprehensive.
Rigsby interrupted the hearing Tuesday several times, including once asking “Do I have the constitutional right to leave this body?”
Rigsby was warned if he continued to interrupt he would be removed from court.
OSBI Special Agent Trevor Ridgeway gave testimony during the hearing. Ridgeway was in charge of the investigation and had two interviews with Rigsby. In the first interview, Rigsby chose to remain silent and did not give testimony. In the second interview Ridgeway questioned Rigsby about the murder.
“He started off talking about his past and things he has been through in life, when talking particularly about the murder he said he knew what he did was wrong. Rigsby seemed to get off subject specifically when asked about the incident with his mother, but other questions he seemed to answer very well,” Ridgeway said.
At the end of the hearing neither the state nor defense had final statements. Before Associate District Judge Donna Dirickson made a decision, District Attorney Angela Marsee requested a trial as charged.
Judge Donna Dirickson then gave her final statements for the hearing.
“I will bind Rigsby over for murder in the first-degree,” Dirickson said.
Rigsby is set in court for an arraignment February 8 and a pre-trial conference is scheduled for February 26.