OKLAHOMA CITY (KFOR) - An Oklahoma City man arrested after his family members were shot and killed in 2013 could soon be released after being deemed competent.
Daniel Livingston Green was arrested in August 2013 after his sister, mother, niece, and nephew were all found shot to death at a home off SE 79th Street.
According to police records his mother Sallie Green, sister Rebecca Cizek, niece 16-year-old Katherine Cizek, and nephew 4-month-old Amario Dominguez had been murdered on the night of August 13th.
Police found Daniel Green driving near SE 59th and Sooner Road where they pulled him over. According to police, he was trying to get away from his family and to California where he was trying to get in touch with his "one true love" actress/singer Selena Gomez.
Soon police found that Green was a diagnosed schizophrenic who had a history of violence. That however, has made it difficult for the four charges of murder to stick.
He was charged with the four counts at one point but deemed incompetent to be convicted for the charges so they sent him for medical treatment. In 2022 Green was released after being found competent but the Oklahoma County District Attorney almost immediately filed four murder charges against him again.
In January, records show that a judge dismissed the charges without prejudice because he was deemed incompetent. So he was sent to Griffin Memorial Hospital to get treatment.
The DA announced that they were told he would be released soon because he is considered competent. So they filed four charges again this week.
"We cannot let that happen so the charges against him were refiled," the DA's office said.
"Oh I think he's crazy as hell," said longtime Oklahoma criminal defense attorney Irven Box of Box & Box.
Box said that it is a sort of loophole in state law.
"Other states have it to where they can get a judge to place charges on a criminal knowing he isn't mentally sound. So they would be convicted with treatment needed," said Box.
In Green's case that isn't what could happen so, Box said the DA is doing the right thing in trying to push charges for a third time.
"Here's the thing, if he gets out next week, maybe the next day and they don't convict him of the crime and something bad happens. Somebody is going to say, you should've prosecuted him," said Box.
Box said it is more than likely going to happen again if a judge determines Green to be incompetent again.
"Aren't we wasting taxpayer dollars, just to have him do it again and again?"
"I know it's a waste - no, it's an inappropriate use of funds, state funds. But, I think the district attorney has to do it, to prosecute him again," said Box.
Family and friends of the victims have spoken out in frustration against Green not getting convicted.
"I didn't think he would do anything like this to our family," said Mario Dominguez, the father to four-month-old Amario Dominguez who was killed.
“He took something, something pure,” said Mario Dominguez in 2013. “Innocence of this earth.”
In past court papers Raymond Green who is Daniel's father said that he could have been killed that night had he not been at work. He told police that he felt his son could kill the family because of his mental issues.
There is no exact date of when Daniels could be released but if he is, it would then be up to the Oklahoma County Sheriff's Office on what comes next.
KFOR reached out to the Oklahoma State Department of Mental Health Services Wednesday to find out when he would be released and why but haven't heard back yet.
