The murder trial of Cody Thompson, who is accused of murdering 15-year-old Brennan Davis in January of 2017, ended in a mistrial yesterday, according to courthouse sources. A felony sounding docket is set for May of this year.
The jurors allegedly discussed the case before beginning deliberations, according to the courthouse source.
Attorneys involved in the case are under a gag order, so they cannot discuss anything regarding the case.
Thompson is alleged to have directed the torture and murder of Davis near lake Fort Gibson, in concert with Joshua Harrington, who pleaded guilty to the charges earlier and testified against Thompson.
In a preliminary hearing, Thompson’s attorney, Muskogee’s Andy Hayes, asked Elliott if Thompson had been seeing invisible people or talking to himself in the interview room, to which Elliott answered he had. Thompson also told investigators that time was very important to him, that he had “lots of clocks” all over his house, and when asked about whether he remembered the time something happened, he responded with a quote from Albert Einstein: “Time is manmade, it is an illusion.”
Thompson, who witnesses indicated was the leader of the pair, had posted a number of “demented” and “evil” things on his Facebook page, several witnesses testified, including things that could be interpreted as satanic. In one notebook, he allegedly wrote “Eliminate Josh,” allegedly referring to Harrington.
Harrington allegedly told a cellmate, Chad Lewman, that he was “in” for first-degree murder of a 15-year-old kid, and that he had made certain he bought popular shoes and made sure other people had seen him firing Thompson’s firearms so any fingerprints on them could be explained away. He also allegedly explained to Lewman how to burn a body and how, “when you burn a body, people tend to scream loud” enough that they “had to be dispatched. They know what’s coming. They cry and scream so loud that you have to dispatch them, because once they’re lit up, it gets even louder.”
Harrington allegedly told Lewman that “you never forget” the smell of a burning body. Lewman, a multiple felon, said he was not offered any deal in exchange for his testimony.
“I done a lot of wrong in my life,” he testified. “This is the right thing to do, and I figured maybe I can do some good.”