Mother testifies in son’s trial for overdose death

The mother of a man who is accused of providing the drugs that caused the 2022 death of Phillip D. Shaw testified as a prosecution witness in his trial on Thursday.

Nicole “Lucky” Walton was called by Comanche County District Attorney Kyle Cabelka on Thursday morning in the trial of her son, Tyler Dominique Allen, 30, of Lawton. Allen is charged with felony counts of second-degree murder and unlawful possession of a controlled drug with intent to distribute.

Cabelka confronted Walton with her statements made to Lawton Police Detective Jeff McCoy following the discovery of Shaw’s body, found June 13, 2022, in the back seat of his pickup parked backwards in his driveway of his home at 209 NW 18th.

During those interviews, Cabelka said, Walton said she and Shaw were friends. Now on the stand, she claimed to have met him only once.

“No, I didn’t know Phil Shaw,” she said, “I just met him.”

During cross-examination later by Allen’s lawyer, Clay Shepperson, Walton said Shaw was “a really nice guy.”

Walton, herself an admitted drug addict, denied telling the police that Allen was addicted to fentanyl. Responding to the DA with a tone of confusion and anger, Walton told Cabelka, “No, I don’t,” when asked if she wanted to testify in the trial.

Cabelka directed his next statement to District Judge Jay Walker:

“At this time, I’d ask the court to list the witness as hostile.”

Walton then admitted to knowing Allen was on drugs but denied knowing it was fentanyl. Cabelka reminded her she’d told McCoy he was using fentanyl and that she hated fentanyl.

Allen, Shaw and Allen’s girlfriend, Alexus Colbert, had been at Walton’s home on June 10, 2022.

Colbert testified she and Shaw were friends and had been drinking heavily on that day before going to Walton and Allen’s home. While in Allen’s room, Allen crushed and snorted a fentanyl pill, Colbert said. Investigators said Allen provided Shaw a pill, and then the trio left in Shaw’s pickup with Allen driving. Shaw was slumped over in the back seat and was snoring, according to Colbert.

Allen, who was driving, took the pickup to Shaw’s house and backed it into the drive and left Shaw inside the locked truck with his keys. Allen and Colbert then walked back to Walton’s home. Colbert testified she was “fuzzy” in remembering much but testified what she’d told the detective was probably right.

“It’s been over a year and I have a bad memory,” she said.

Once back at Walton’s house, Colbert called an Uber and the couple went and stayed the night at a hotel where, she said, they continued drinking. The next day, her boss picked her up to take her to work.

Walton remembered the couple coming back to her house on June 10, 2022. Her disdain for Colbert was evident from her description of their return. She said they didn’t give her straight answers to what was going on and she didn’t ask more.

“My kid was crying and she looked the devil,” she said. “I was weirded out; anything is possible with that chick.”

Cabelka confronted Walton with her statements made to McCoy following the discovery of Shaw’s body three days later. According to McCoy’s statements from the mother, she said Allen told her Shaw was having trouble breathing and blood was coming from his mouth. She said she didn’t remember.

When her son and Colbert left the house, Walton said she “really didn’t know what to do.” She said she later walked her dogs by Shaw’s house but didn’t see any lights on or him moving around and she returned home. She’d told McCoy she’d wanted to see if he was OK.

Cabelka reminded Walton she’d told the detective she’d ridden with her friend over to Shaw’s the next day. She said she didn’t get out of the vehicle but the friend did and walked up to the truck.

“She (the friend) knew there was a dead body in the truck,” he said.

Walton admitted she nor anyone else called 911 and that she’d told McCoy she wished she did.

“It’s (expletive) up,” she said, “nobody called.”

During a search of Allen’s phone, McCoy testified later Thursday to finding messages between the mother and son. In them, Walton had tried to get Allen a bus ticket to leave the state. Cabelka asked her about those efforts during her testimony.

“I was just trying to keep him out of trouble,” she said. “What are mom’s for?”

Cabelka rested his case following McCoy’s testimony Thursday afternoon and Shepperson declined to present a case.

The trial resumes at 9 a.m. today.