An Odessa robbery suspect representing himself accidentally opened the proverbial door Monday so jurors now know he’s suspected of committing four robberies on one day, not just the one he’s on trial for.
Fredrick Calicutt, 36, is accused of robbing the Smoker’s Oasis at Grandview Avenue and 26th Street on Jan. 6, 2020. After two of his defense attorneys withdrew from the case and were replaced with a third, Calicutt told Judge Justin Low of the 161st Ector County District Court he wanted to invoke his right to represent himself, but keep attorney BJ Brown on standby in the courtroom.
On Monday, the first day of Calicutt’s trial, jurors heard testimony from former Smoker’s Oasis employees Stella Gray and Courtney Parker. Both women testified they were afraid for their lives when a man dressed all in black and wearing a durag suddenly came around the counter and demanded money from Parker, who was making change at the register and preparing the day’s deposits.
Both women testified the man kept gesturing to his waistband, leaving them with the impression he had a gun. After the suspect left, they pressed a panic button to summon the police and called 911.
Both women told Ector County District Attorney Dusty Gallivan they quit their job within a month of the robbery because they were so traumatized.
Calicutt opted to reserve his opening statement for after the state’s case is fully presented, so it’s not clear if he is claiming he is innocent or guilty of a less serious crime.
During his questioning of Gray and Parker though, Calicutt repeatedly asked if they ever saw a gun or if the “suspect” ever pushed them, hit them or shoved them. They both answered no, but insisted they were scared for their lives because they believed he had a gun.
When Parker was asked if there’s any chance the suspect had a cell phone in his pocket and not a gun, she replied, “If the cell phone was from the 1980s, absolutely.”
Calicutt also spent a lot of time questioning the women about the fact the business re-opened the day of the robbery despite their claims of being terribly frightened the suspect would be back.
Despite being terrified, the women said their district manager ordered them to re-open the drive-thru after the police took their statements.
In fact, Parker testified she had to work a double that day because one of her other employees was too scared to come in to work that day.
Gallivan called Odessa Police Department Detective Kara Thompson to the stand in order to be able to play three surveillance videos of the robbery for the jury. She also talked about Calicutt’s arrest.
Thompson testified Calicutt was arrested at the Sahara Motel on East 2nd Street and clothing and a durag matching the suspect’s description were found in Calicutt’s motel room.
During cross-examination by Calicutt, Thompson testified law enforcement officers stopped a vehicle they linked to the robbery and detained three people who said they’d borrowed the car from a Timothy Burris.
Detectives tracked Calicutt and Burris to the motel using Burris’ cell phone number and GPS after getting the number from the folks in the car, Thompson said.
During Thompson’s testimony, Calicutt mentioned a Subway robbery, which then allowed Gallivan to elicit testimony from Thompson that revealed Calicutt and Burris were actually suspected of also robbing a DK, a Kent Kwik and a Subway that same night.
Calicutt opened the door further when he asked Thompson about whether or not the victims truly feared for their lives since all of them told detectives they never saw a gun.
As a result of asking that question, Gallivan was then permitted to call the other alleged victims to the stand. Each one testified they were, indeed, scared for their lives because they thought Calicutt had a gun.
When the first one was called, Billie Meierhoff, Calicutt interrupted and told Low he had a question.
“Your Honor, am I being tried on all four cases?”
Gallivan and Low told him he’d “opened the door” and so Gallivan was allowed to bring all of the alleged victims in.
Pressed for what his legal objection was, Calicutt said “Bias.”
Low again said Gallivan could call the alleged victims, but Calicutt continued to object, saying, “If he can bring in all of the witnesses than I may as well be tried on all four.”
Low remarked that is what can happen when a defendant insists upon representing himself despite being warned of the dangers.
Prior to Gallivan’s opening statement, Low had asked Calicutt again if he was sure he wanted to represent himself. He reminded Calicutt that if he is found guilty and if the jury believes Calicutt has prior convictions, he will face a sentence of five to 99 years or life in prison.
In addition to calling the alleged victims of the other three robberies, Gallivan also showed jurors the surveillance videos of those robberies.
Each video shows the same man dressed in the same clothes robbing the businesses and in each case the alleged victims identified Calicutt as that man.
Ector County District Court records show three pending robbery cases for Calicutt, each stemming from Jan. 6, 2020 robberies.
Records also show Burris, 32, was sentenced to 18 years in prison in April 2021 after pleading guilty to aggravated robbery in connection with a Jan. 3, 2020, robbery.
Gallivan rested his case late Monday afternoon and Calicutt announced he intends to call Thompson and two other OPD officers back to the stand during his case Tuesday.
