A private grand jury consisting of multiple counties was assembled, being dismissed in September of 2008. Testifying were Toney Kelough Jr., Mike Gaddy and Dustyn Dailey. One of the three men was jailed in Okfuskee County at the time. None of the men were charged. Two others failed to show up to testify. A warrant was issued for their arrest. Larry Peyton Smith and Windy Espinosa were brought into court in shackles to testify. The public was not allowed access to the hearings.
Toney Kelough
Casino maintenance worker
Lived about eight miles from the crime scene.
Admitted that he saw the girls playing in their yard the day before the murders.
Claims he was with his girlfriend during the killings.
Kelough said red stains on his shirt and pants have brought the suspicion upon him.
Claimed stains are from wood stain.
Said he submitted to a DNA sample and had nothing to hide.
Mike Gaddy
19 years old
Lived near the girls.
His parents said he was home at the time along with Dustyn Dailey.
Gaddy’s parents said their son heard the shots but didn’t see the murders.
His father said that Mike is retarded.
Dustyn “Spud” Dailey
18-years old In jail in Okmulgee County
Charged with Felony Second Degree Burglary on August 12.
Dailey’s own mother had a protective order issued against him in April.
Larry Peyton Smith
Failed to show up to testify, but an arrest warrant was later isssued.
Brought in to the grand jury retrained in shackles.
Refused to speak publicly about testimony, which was given in secret.
Windy Espinosa
Failed to show up to testify, but an arrest warrant was later isssued.
Brought in to the grand jury retrained in shackles.
Refused to speak publicly about testimony, which was given in secret.
If you have any information about this crime, please, call either the OSBI Hotline at 800-522-8017 or the Okfuskee County Sheriff’s Office at 918-623-1122.