Metro murder victim’s mother speaks out after judge dismisses cases of suspects released from prison

A mother from the metropolis fears that her fight for justice for her murdered daughter could falter.

An Oklahoma County judge recently ordered that two of the suspects charged with murdering 36-year-old Cherri Brooks be released from prison and have their cases dismissed.

The Oklahoma County District Attorney’s Office told News 9 it is appealing the judge’s order. Meanwhile, Zaviaire and Demarion Swain remain under the watch of the court and ankle guards.

There will be an empty seat at Janet Brooks’ table for Thanksgiving this year. “I had one death after another, less than two years apart,” said Janet Brooks, the victim’s mother.

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

“She had no money,” Brooks said. “Again, why did you come? Except 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 unsure who pulled the trigger. The brothers were tried at their preliminary hearings in August. However, her attorney claimed in court documents that Brooks attacked her with a knife and a metal broom in her room shortly before the shooting.

“If anyone and everyone who knew my daughter knew she wouldn’t hurt anyone,” Brooks said. “Three men and a gun will have more power than 90 pounds and a knife.”

Another judge said there was insufficient evidence to try the brothers for murder and ordered their case dismissed.

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

Brooks was told it would take several months for the appeal hearing to take place. The DA’s office has not confirmed whether the next step would be to file a lesser charge if the appeal is rejected.

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