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November 20, 2009

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Osicky charged in felony murder

Published: 10:46 AM, 07/07/2009 Last updated: 5:05 PM, 08/03/2009
 

Author: Gilbert Soesbee
Source: The Newport Plain Talk

NEWPORT-The Cocke County Grand Jury returned a presentment Monday charging a local man with felony murder of a 68-year-old Newport man.

Twenty-three-year-old Daniel Osicky, of 2904 Vista Way,  is accused in connection with the April 11 beating death of 68-year-old Samuel Acuff at his Fairview Street home. A presentment in the case was returned against Osicky by the grand jury on Monday.

Osicky is charged with felony murder, which is defined as a killing committed during the commission of another felony. The other felonies alleged in the presentment are especially aggravated burglary and especially aggravated robbery. The presentment alleges that Osicky took cash, a gun, medication, and other items from Acuff during the April incident.

Osicky and a 16-year-old juvenile have been formally charged with felony murder in the Acuff case, and a second juvenile is suspected, but has not been charged. Osicky's bond was set at $1 million in general sessions court.

According to a statement given by Osicky, which was read into the record by Cocke County Sheriff's Detective Derrick Woods in general sessions court, Osicky admitted that Acuff was injured and robbed, but contended that he was still alive when the defendants left the residence.

According to sheriff's department reports, Osicky and two juveniles went to the victim's home at 860 Fairview Street in search of hydrocodone pills, drugs known by their street name of "hydros."

After answering the front door, the defendants asked Acuff if he had any "hydros" for sale and Acuff sold 20 pills for $90, according to Osicky's statement. An altercation began among the men after Acuff tried to close the front door and the three co-defendants allegedly pushed their way into the residence.

Osicky reportedly told deputies that he held Acuff's face down on the kitchen floor and covered his head with a red shirt, while Acuff said, "Take whatever you need and leave." The victim reportedly also complained of having a difficult time breathing.

The three intruders took a gun and a compact disc player and disconnected Acuff's telephone. Before leaving, according to Osicky's statement, he removed the red shirt that had been covering the victim's head.

When investigators arrived at the residence, they found Acuff's body lying face down on the floor.

According to the arrest warrant taken against Osicky in the case, prosecutors allege that "the defendant forced the victim's door open and pushed the victim to the floor.

"The defendant, aided by one of the juveniles, bound and covered the eyes of the victim. The victim struggled against his attackers and the defendant and one of the juveniles struck the victim on and about his head several times. The victim died from blunt force trauma as a result of these blows," according to the warrant.

Osicky and others accused of crimes by the grand jury this week will be arraigned before Circuit Judge Ben W. Hooper II beginning at 9 a.m. on Monday, July 13.

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