Mother Of Metro Murder Victim Speaks Up After Judge Dismisses Suspects' Cases, Released From Jail

A metro mother worries her fight to see justice for her murdered daughter could be slipping away.

An Oklahoma County judge recently ordered two of the suspects charged with 36-year-old Cherri Brooks’ murder to be released from jail and their cases be dismissed.

The Oklahoma County District Attorney's Office told News 9 they are appealing the judge’s order. In the meantime, Zaviaire and Demarion Swain will stay under the watch of the court and ankle monitors.

There will be an empty seat at Janet Brooks' table for Thanksgiving this year. “I have had death after death almost not even two years apart,” said Janet Brooks, the victim’s mother.

Brooks lost her daughter in March. The 36-year-old woman was shot twice inside her room at the Relax Inn in northeast Oklahoma City.

“She didn’t have no money,” said Brooks. “Again, what did you come for? Besides a life.”

Police said the Swains along with Michael Gaunt were seen on camera leaving the victim’s room after the shooting, but investigators were not sure who pulled the trigger. The brothers were bound over for trial in August at their preliminary hearings. However, their attorney claimed in court documents Brooks attacked them with a knife and a metal broom inside her room shortly before the shooting.

“If anybody and everybody that knew my daughter knew she wasn’t going to hurt nobody,” said Brooks. “Three men and a gun is gonna outpower 90 pounds and a knife.”

A different judge said there was not enough evidence to send the brothers to trial for murder and ordered their case be dismissed.

“If they did not pull the trigger, they were in there,” said Brooks. “It’s called accessory to murder.”

Brooks was told it will be several months before the appeal hearing will be held. The DA's office has not confirmed if the appeal is denied will the next step be refiling a lesser charge. 

Gaunt remains in custody at the Oklahoma County Detention Center with a $10,000,000 bond. Police said Gaunt fled the state to California after the shooting. He was brought back to Oklahoma two months ago.