As soon as the police arrived, the body of Denver Lee St. Clair, 58, seemed to rule out suicide or natural causes. St. Clair was suffocated by his own underwear. He also had evidence of blunt force trauma. Police say that his stepson, Brad Davis, 33, strangled him with a homicidal atomic wedgie.
The men had been drinking and St. Clair reportedly made some less than flattering comments about Davis’ mother. Davis says that St. Clair started the fight and that he responded with the “atomic wedgie.” He was found dead of “asphyxiation caused by the elastic underwear band being stretched over his head and left around his neck” as well as head trauma.
On the right, is a demonstration of an non-lethal atomic wedgie. The case certainly puts a darker spin on the statement by Woody Allen that “I don’t believe in the after life, although I am bringing a change of underwear.”
The problem for Davis will be a text that allegedly told a friend that he was going to hurt St. Clair. That cuts against the alleged murder weapon as proof of a lack of premeditation.
Davis is a former Marine and lived in a trailer house owned by Tressia and Denver St. Clair. Denver St. Clair thought Davis owed him $7,000 for living in the trailer home.
For his part, St. Clair was under a permanent protective order filed in 2008 by his wife Tressia Ann St. Clair.
We have seen people shot by police while holding underwear. While we have seen some creative arguments of what constitutes a dangerous weapon, underwear would not appear to qualify under the Oklahoma law — even if they are boxers:
R.L.1910, § 2312.
§21-701.7. Murder in the first degree
A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.
B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances, or trafficking in illegal drugs.
C. A person commits murder in the first degree when the death of a child results from the willful or malicious injuring, torturing, maiming or using of unreasonable force by said person or who shall willfully cause, procure or permit any of said acts to be done upon the child pursuant to Section 7115 of Title 10 of the Oklahoma Statutes. It is sufficient for the crime of murder in the first degree that the person either willfully tortured or used unreasonable force upon the child or maliciously injured or maimed the child.
D. A person commits murder in the first degree when that person unlawfully and with malice aforethought solicits another person or persons to cause the death of a human being in furtherance of unlawfully manufacturing, distributing or dispensing controlled dangerous substances, as defined in the Uniform Controlled Dangerous Substances Act, unlawfully possessing with intent to distribute or dispense controlled dangerous substances, or trafficking in illegal drugs.
E. A person commits murder in the first degree when that person intentionally causes the death of a law enforcement officer or correctional officer while the officer is in the performance of official duties.