Declared insane, accused double murderer seeks reversal, to stand trial

DUNCAN – Over 2½ years after being accused of double-murder, an area man is asking to be released from the Oklahoma Forensic Center or to have his ruling overturned and stand trial.

Forty-one year old Shane Josiah Kirk was acquitted of killing his wife and stepfather on the grounds of insanity in 2017.

Shane Josiah Kirk was facing two capital first-degree murder charges in the Stephens County District Court for fatally shooting his stepfather, Dennis Duncan, and his wife, Jessica Kirk, during a Nov. 29, 2017, incident. According to the order, Kirk was deemed mentally ill at the time of the killings and remanded to custody of the Oklahoma Forensic Center in Vinita.

In January 2022, Stephens County District Judge Ken Graham ordered Kirk’s acquittal on the grounds of insanity. Kirk submitted a handwritten motion for an order for “My Day in Court” where he complained his Oklahoma Indigent Defense System lawyer Mitchell Solomon failed to get a copy of his phone where he claimed there were photos and videos of drug tests prior to his claims of having been poisoned and killing the pair.

Accused believed he was being poisoned by the victims

At the time of the murders, Kirk claimed not to remember what happened. He later told the court that he’d been treated for mental health issues and family members said he suffered from PTSD. Investigators said Kirk believed his wife and stepfather were poisoning him.

There had been questions about Kirk’s sanity since 2017.

After making his initial appearance for the charges on Dec. 1, 2017, a mental health evaluation conducted in June 2018 resulted in the recommendation that Kirk seek treatment. According to the affidavit, he would be dangerous if he was released. He was scheduled for a post-treatment hearing Oct. 22, 2018, after being ruled unable to stand trial due to competency issues.

In June 2019, Kirk was declared competent to stand trial but later competency reviews returned him to being declared mentally ill.

In his filing, Kirk claimed the insanity ruling was based on an original fake diagnosis.

“I was not delusional in 2017,” he stated. “I was reacting to not only physical agitants (sic) but also to physical evidence.”

Kirk is requesting he be tried for the deaths and plans to use a self-defense claim.

Russell denied Kirk’s motion on Sept. 28, 2023.

On Aug. 5, the District Attorney’s Office received a letter from the Forensic Review Board approving Kirk for a day treatment program at Grand Mental Health in Tulsa. An objection was made by the State that the Oklahoma Department of Mental Health is prohibited from modifying existing orders of the court.

A hearing was scheduled for Aug. 20.

Kirk submitted a writ of habeas corpus on Aug. 13 to be transported to the Stephens County Courthouse for the hearing. A writ of habeas corpus can be used to challenge his commitment to the mental health facility and that he believed he’s been unjustly imprisoned and denied effective legal counsel.

Kirk was returned to Vinita immediately following the hearing. No ruling altering his status has been made at this point.