(Stillwater, Okla.) — A Payne County judge has ordered a mental evaluation for an ex-convict from Cushing accused of first-degee murder in the Dec. 1 fatal beating of a Cushing woman — whom he had met that night at a bar in downtown Cushing.

    Benjamin Joel Andrew Littlesun, 22, remains held without bail in the Payne County Jail where he will be examined by a mental health professional on the order of Special District Judge Katherine Thomas entered on Feb. 1.

    The judge ordered the evaluation on the request of one of Littlesun’s defense attorneys, Jodie Gage, who maintained in court documents that he is mentally incompetent to proceed on the murder charge.

    Payne County District Attorney Tom Lee told KUSH Tuesday, “We disagree that he’s incapable of knowing the difference between right and wrong and will certainly contest that issue.”

    Asked if he would seek the death penalty for Littlesun in the slaying of 45-year-old Ava M. King — whose sister and daughter wrote in victim impact statements they want “a life for a life” — Lee said, “We won’t make a decision until after the preliminary hearing.”

    That hearing was originally scheduled to begin Feb. 13, but it was cancelled when the judge ordered that Littlesun undergo a mental evaluation, with the report due on March 1.

    The judge may issue a ruling on the mental competence of Littlesun when he returns to court March 5.

    In another development in the case, Pamela Hammers, an attorney with the Oklahoma District Attorney’s Council, filed a court document last month that she would assist in the prosecution of Littlesun.

    Littlesun, who weighs more than 200 pounds, has been charged with killing King by repeatedly kicking her in the face, head and torso — while he was wearing steel-toed work boots — and punching her in the face, on Dec. 1, 2011.

    The victim was partially nude when she was found by Cushing Police Officer Carson Watts, who was sent to the alleyway of the 100 block of W. Broadway on a call to police at 7:39 a.m. the next day, an affidavit said.

    She was wearing two shirts, both of which had been pulled up exposing her bra, Oklahoma State Bureau of Investigation Agent Richard Brown wrote in an affidavit.

    Her face was covered in blood with significant swelling and bruising, the affidavit said. The officer was unable to locate a pulse on the woman, who was pronounced dead at the Cushing Regional Hospital about 9:30 a.m. Dec. 2, 2011, the affidavit said.

    On the request of the Cushing Police Department, the OSBI’s Crime Scene and Latent Print unit processed the scene — where three palm prints allegedly belonging to Littlesun were developed off a polycart trash container next to the victim’s body, the affidavit said.

    That same day, Cushing police spotted Littlesun walking on E. Main Street toward the Wilshire Motel, the affidavit said. Littlesun was initially arrested on an outstanding warrant from Creek County, the affidavit said.

    “While being booked into the Cushing City Jail, Ava King’s driver’s license was located inside Littlesun’s wallet,” according to the affidavit.

    At the time of the slaying, Littlesun — who got out of prison in 2010 — was serving the probationary part of a five-year sentence for possession of a 2002 pickup stolen from Ausbrook’s Auto in Cushing and attempting to elude Cushing Police Officer Matthew Piatt, both on Jan. 13, 2009.

    Littlesun was also serving the probationary part of a concurrent five-year sentence for possession of a stolen vehicle in Drumright in 2008, state Department of Corrections records show.

    In a victim impact statement filed in court records last month, the slain woman’s sister, Patricia Ann King, wrote, “The savage rape and beating to death of my sister is an overwhelming tragedy.

    “I have suffered the loss of a part of me. There’s an overwhelming emptiness inside of me from the loss of my sister, friend and beloved human being.

    “The effect this tragedy has had on my relationships is the emptiness and sadness is always there.

    “I feel a sense of fear around people, not knowing what their intentions are. Counseling is being considered.

    “I’ve been suffering from sleep disorders, fatigue, loss of concentration, sick to my stomach, feeling very sensitive and extremely emotional.

    “I am angered by the selfish brutal crime that was done to my sister. I take sleep aids, antidepressants and blood pressure medications to help with the above-mentioned conditions.

    “The perpetrator, Benjamin Littlesun, committed a selfish, brutal act that resulted in the death of Ava Marie King, my sister.

    “I will never see her bright face and smile again or hear her laughter.

    “He should never be allowed in public society again. He is a waste to the human race.

    “He doesn’t deserve to be continuing his life socializing with other criminals. I feel he should be sentenced to death — a life for a life.”

    The slain woman’s daughter, Tina Carter, wrote in a victim impact statement filed in court records last month, “This brutal murdering of my mom has affected me because I can never tell my mom, hello, how are you, or I love you, and it causes severe pain not only in my heart, but my whole body aches.

    “I cry every day because of this and no moment goes by without thinking of her. My mom was a great person and loved by many and because of Littlesun, we can never say our goodbyes and I love yous.

    “My mom was the only person I felt comfortable in telling my problems to and Littlesun took that away.

    “This crime has affected my everyday life activities. At work, I just want to get it over with whereas before I loved helping the needy.

    “My son who is 3 can’t understand why mommy is so sad, my grades at college went a grade down because Littlesun savagely murdered my mom the day before finals.”

    To the question on the victim impact statement regarding what sentence Littlesun should receive, the slain woman’s daughter wrote, “I wish and hope for life for life. I think it’s fair and I don’t want my tax money supporting criminals like this.

    “My tax money needs to go somewhere where it can help the good, not the evil. I would hate for him to do it to another person and his criminal record isn’t good. He is a waste to society.

    “He had no right to do this cruel, inhuman and brutal attack on my mom.”

    The slain woman’s son, David King, wrote in a victim impact statement filed in December, “When I wake up every day, I immediately feel depressed, then angry, then I try to prepare myself to get through the day without losing control.

    “The way my mom was taken from me and my family has I’m sure affected us all differently and in some ways the same.

    “My son won’t be able to have her there for birthdays and graduations. I also don’t know my father, so I don’t have any parents around now to be in my life.”

    About Littlesun, the victim’s son wrote, “All he left me of my mother is her memory, ashes, some hair and the continuing running thought of the horrible way she died.

    “When I wake up every day, the first thing I think about is what he did to my mom and it’s the last thing I think about before I take on the task of trying to sleep.”

    The slain woman’s son did not answer the question on the victim impact statement, “What are your thoughts regarding the sentence the court should impose on the defendant?”

    OSBI Agents Brown and Jon Loffi conducted a recorded interview with Littlesun at the Cushing Police Department, court records show.

    In that statement, Littlesun allegedly said he stomped and kicked the woman, whose name he did not know, around her face and head about 20 times with heavy work boots, an affidavit said.

    “Littlesun denied any knowledge of what happened to the female’s pants, panties, or her cell phone,” an affidavit said.

    When the OSBI agent showed Littlesun a mugshot of King, who previously had an alcohol-related arrest in Cushing, “Littlesun identified King as the female he met at the bar, had sexual intercourse with in his truck, and later assaulted in the alleyway near the Buckhorn Bar on Dec. 1,” the affidavit alleged.

    “Littlesun’s work boots were later located on the roof of the Church of Christ located at 1802 E. Main. The boots appeared to have blood and hair on them.

    “Clothing believed to belong to Littlesun was also located in a dumpster next to Atwood’s located on E. Main Street,” in Cushing, the affidavit alleged.