TULSA, Okla. – The federal trial for a Quapaw man accused of shooting an Ottawa County man began Monday in Tulsa.

Mark Stuart Daugherty, 49, was indicted in May in U.S. Federal Court with assault to commit murder in Indian Country, assault with a dangerous weapon with intent to do bodily harm in Indian Country and possession of a firearm in furtherance of a crime of violence.

He is accused of shooting Jerry Witham on April 30 at the 400 block of South Chestnut Street in Quapaw.

According to a trial brief filed by federal prosecutors, Witham, who is transient, was at a friend’s mobile home with his girlfriend, Mary Woods, and Daugherty.  The group had been using methamphetamine sporadically through the evening and early morning hours.

While at the house, Witham and Woods began arguing in the driveway of the friend’s mobile home, prompting Daugherty to come out of his residence and yelled at Witham to leave and pulled out a black pistol, court records show. 

Witham said to Daugherty, “Go ahead…, what are you going to do? Shoot me?”

Daugherty allegedly shot Witham in the chest, entering Witham’s right pectoral muscle, according to the trial brief. Witham was treated and released from a Joplin hospital, but the round could not be removed from his chest and remains lodged in his chest.

Two eyewitnesses identified Daugherty as the shooter, according to court records.

Daugherty denied shooting Witham but did say to investigators he owned a shotgun and BB gun but denied owning a handgun.

Daugherty’s juvenile child told Marshals Daugherty owned a Taurus 9mm handgun.  The gun was never located but investigators found an empty 9-mm caliber pistol ammunition box, a pistol holster, and eight bags of methamphetamine in Daugherty’s vehicle, court records state.