Haskell County prosecutors have put the death penalty on the table, filing notice this week that they intend to seek capital punishment against 49-year-old Billy Mitchell in a double homicide that investigators say happened near Stigler in April 2025. For now, the case is effectively on pause while Mitchell undergoes a court-ordered competency evaluation.
Prosecutors point to multiple aggravators
In a bill of particulars filed with the court, prosecutors argue that Mitchell "created a great risk of death to more than one person" and describe the killings as "especially heinous, atrocious or cruel," among several listed aggravating factors that can elevate a first-degree murder case to capital status. The filing also alleges that one of the killings was carried out to avoid or prevent arrest and that Mitchell poses a continuing threat to the community, according to News On 6.
Victims and how investigators say it unfolded
Authorities say deputies first responded around 6 p.m. on April 5, 2025, to reports of a shooting near Cass Road, where they found 56-year-old Tina Mitchell with multiple stab wounds and apparent gunshot injuries. The next day, investigators searching the property discovered a second body, later identified as 75-year-old Shirley Fisher, who the medical examiner determined died by strangulation. Officials say Fisher was the biological mother of one of the suspects, according to earlier coverage on second body discovered on property.
Case paused while Mitchell is evaluated
Court records show that proceedings were suspended on May 26 while Mitchell undergoes a competency evaluation to determine whether he can understand the charges against him and assist his attorneys. The Haskell County district attorney's office has already filed the bill of particulars giving formal notice that it intends to pursue capital punishment, and the same records indicate that co-defendant Jack Swanda is not being tried as a death-penalty case and is scheduled to return to court in September, according to News On 6.
Competency reviews are not about guilt or innocence. Instead, they focus on whether a defendant "has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding," a standard described by the Cornell Legal Information Institute.
What happens next
If prosecutors continue to press the capital charge, the case is likely headed into a lengthy pretrial stretch that could involve additional hearings, mental health reports and defense motions that test every corner of the record. Capital prosecutions tend to add years to criminal cases and draw heightened legal scrutiny, and national data show that death-penalty cases are relatively rare and frequently protracted, according to the Death Penalty Information Center. Local officials say further hearings will be set once Mitchell's competency evaluation and any related proceedings are resolved.
