JAY — A Delaware County father, accused of fatally cutting his 13-year-old son, was answerable Tuesday with first-degree murder.

Tony Rutherford, 47, of Jay, is chargeless on $100,000 bond and is accepted to arise Wednesday in Delaware County District Court in affiliation to the afterlife of Kyle McDowell.

“This is all a adverse accident,” said Winston Connor II, Rutherford’s attorney.

Initially Misty McDowell, Kyle’s mother, told a Delaware County bagman that her bedmate accidentally attempt the boyhood with an AR-15 because he anticipation the teen, who was cheating out of the ancestors residence, was a burglar, according to the apparent account affidavit.

The cutting occurred about 1:43 a.m. on Saturday in rural Jay.

Rutherford was notified by neighbors afterwards abounding cartage were apparent at his earlier son’s abode which was declared to be vacant.

Rutherford collection to his earlier son’s abandoned abode and witnessed addition active his son’s pickup. Rutherford gave hunt and accursed his burglarize at the disciplinarian several times aback hitting his son, according to an Oklahoma State Bureau of Investigation columnist release.

When Delaware County Sheriff assembly accustomed at the arena they apparent Rutherford and McDowell preforming CPR on the boyhood who was laying alfresco his auto which had comatose into a fence through a acreage and was actuality blocked by addition vehicle, the affirmation states.

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