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Hammer to remain locked up
[August 16, 2012]

Hammer to remain locked up


Aug 16, 2012 (Pauls Valley Daily Democrat - McClatchy-Tribune Information Services via COMTEX) -- PAULS VALLEY, Oklahoma -- No bond will be allowed for an Elmore City area man facing a murder charge for killing and dismembering another man's body before disposing of the remains in a pond.



The decision on Tuesday, Aug. 14 came after a Garvin County judge heard arguments and brief testimony, including from the defendant himself, Justin Hammer, 30, on whether or not a bond total would be set in the case.

Hammer faces a formal charge of first-degree murder with deliberate intent for killing Brandon Mark Duran on the night of Aug. 7 at Hammer's rural residence northeast of Elmore City.


Hammer has claimed it was self defense when he used a shotgun to fire the deadly shot into the face of Duran. He later told authorities that Duran was making verbal threats while forcing his way through a door at the Hammer residence.

Testimony later in the hearing indicated Hammer might have planned out the killing in advance.

Garvin County Assistant District Attorney Tara Portillo argued bond should be denied because Hammer represents a flight risk since he could face life in prison if convicted or even the death penalty.

"If the defendant is willing to dismember a body, cut it into pieces and dispose of it in a pond, I dare say hopping a plane to an outside jurisdiction is something he would consider doing," Portillo said.

"This was a premeditated murder," she said. "The only way to ensure he will not flee this jurisdiction is to deny his bond." Defense attorney Robert Rennie Jr. said a bond, no matter how high, should be allowed because no evidence had been presented showing that Hammer might run from the murder accusation if released from jail.

No evidence has shown he has the means or ability to flee outside the jurisdiction of Oklahoma," Rennie said.

"He does not have the financial capabilities," he said.

After hearing arguments in a Pauls Valley courtroom and spending a few minutes to look closer at state law, Special District Judge Trisha Misak ruled that no bond would be allowed in the murder case.

Earlier in the hearing a state agent took the stand to offer more on the case against Hammer.

Marvin Akers, an agent with the Oklahoma State Bureau of Investigation, testified there was evidence that shows Hammer's self defense claim might not be true.

According to Akers, a sales receipt and surveillance video show Hammer and another individual entered the Ace Hardware store in Pauls Valley on Monday night, Aug. 6 -- the night before the deadly shooting.

Akers said Hammer purchased five buckets, lids for each and concrete.

It was three days later the buckets, containing parts of Duran's dismembered body, were retrieved after a pond on Hammer's property was drained.

___ (c)2012 the Pauls Valley Daily Democrat (Pauls Valley, Okla.) Visit the Pauls Valley Daily Democrat (Pauls Valley, Okla.) at www.paulsvalleydailydemocrat.com Distributed by MCT Information Services

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