Oklahoma Assault and Battery with a Dangerous Weapon Goes to Trial
Today in Oklahoma County Court, one of our clients was acquitted at trial on two 2 counts of Assault and Battery with a Dangerous Weapon.
Oklahoma Town Nets Three Lewd Molestation Arrests in Two Days
In two days, police in Muskogee arrested three men in separate incidents of lewd acts with minors in Oklahoma. Two of the cases involved teachers who were engaged in inappropriate activity with students.
First arrested was Muskogee High School assistant wrestling coach Donaco Watts, 28. Watts's arrest came after a 15-year-old girl reported to campus police in April that the coach showed her obscene material on his cell phone and invited her to go with him to a secluded area to engage in "some fun adult time." Watts faces two counts of Oklahoma lewd molestation for showing the pornographic material and making sexual advances toward the girl.
In the second incident, a longtime music teacher was arrested after a 13-year-old boy alleged that Michael George Dunn, 43, forced him to look at pornographic material on his home computer and that he talked to the boy about homosexuality in a lewd manner. Dunn has taught vocal music and piano lessons for over 20 years, but so far in the investigation, his accuser is the only complainant. Police estimate that Dunn currently has 40 students, and they encourage concerned parents to contact them.
The final incident occurred when Michael Merrifield, 61, was accused of making sexual comments to a 14-year-old boy at a park, following him into a public restroom, and trying to pull his pants down. The victim gave police a partial license plate number and a description matching Merrifield. The accused man admitted to being in the park but denied all allegations against him. He is being held in jail in lieu of $150,000 bail, and he is charged with one count of lewd molestation and one count of lewd or indecent acts to a child under 16.
In Oklahoma, lewd molestation and lewd acts with a minor are felonies. If convicted, the three men each face sentences of three to twenty years in prison and lifetime sex offender registry. Allegations of child sexual abuse are among the most difficult charges an accused person can face. An experienced attorney with a successful record of Oklahoma sex crime defense will help protect the rights of the accused through all stages of the judicial process.
Murder Charge Filed in DUI Death of Oklahoma Singer
A 22-year old Norman man has been charged with second-degree murder and related charges after an Oklahoma City DUI accident in April claimed the life of jazz vocalist Ashlee Madison. Justin T. Hill, 22, was charged with second degree murder, leaving the scene of a personal injury accident, and causing a personal injury accident while under the influence of intoxicating liquor. His Oklahoma defense attorney had no public comment regarding the charges.
The fatal accident occurred in the early hours of April 17, 2010. Justin Hill was allegedly driving the wrong way on Interstate 235, heading south in the northbound lanes near the I-35 and I-40 junction, when he struck a car in which Madison was a passenger. Madison, a University of Oklahoma student and mother to an 18-month old child, was returning home from a jazz performance at the time of the accident.
After the head-on collision, Hill continued driving until lost control of his vehicle and rolled it. According to court affidavits, Hill's blood alcohol content after the accidents was .22, nearly three times the legal limit of .08.
Second degree murder in Oklahoma occurs when a death is the result of "an act imminently dangerous to another person and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual." This means that, while the perpetrator did not plan the death of another person, he or she engaged in dangerous activities without regard for the lives of others. In Oklahoma, a second degree murder conviction can lead to a sentence of ten years to life in prison.
Those arrested or charged with DUI need to consult an Oklahoma City DUI defense lawyer as soon as possible to help understand their options for protecting their rights. If one is suspected of DUI in an accident resulting in the injury or death of another person, the consequences become much more severe. An experienced criminal defense attorney in Oklahoma has the knowledge to help the accused fight unjust charges and maintain his or her legal rights.
Oklahoma Couple Charged with Fraud for Collecting Welfare on Missing Son
An Oklahoma couple has been charged with fraud after officials discovered that they were collecting welfare payments on their adopted son, who has been missing for more than 10 years.
Doug and Valerie Herrman were arrested and charged with theft. They are accused of accepting $52,800 in welfare payments to which they were not entitled. Their adopted son, Adam Herrman, vanished in 1999, but the Herrmans never reported him missing. Authorities did not even become aware of Adam's disappearance until 2008, when his adoptive sister notified authorities. Doug and Valerie Herrman maintain their son, 11 years old at the time, ran away after his mother hit him with a belt. They are considered "persons of interest" in his disappearance.
Meanwhile, the Herrman's continued to accept government assistance for Adam's care for more than ten years after he was last seen. The Herrmans falsely claimed Adam as a dependent on their tax returns, continued to collect adoption subsidies after his disappearance, and failed to notify authorities that the child was no longer living in their home. Additionally, neighbors say that the Herrmans collected money from the state after a report determined that Adam had special needs. At this time, the Herrmans do not face fraud charges in Oklahoma. Doug and Valerie Herrman are charged in a neighboring state and are not defended by Oklahoma criminal defense lawyers, but by lawyers in their home state.
The Herrmans' attorneys claim that their clients deny any wrongdoing. The criminal defense lawyers for Valerie Herrman say that both Herrmans intend to plead not guilty to the charges and to "vigorously seek the dismissal" of fraud charges.
In the meantime, police continue to investigate Adam Herrman's disappearance. Prosecutors hope to have homicide charges filed by the end of the year. Authorities searched the mobile home park where the Hermanns were living when Adam was last seen, but no body has been discovered.
Doug Herrman's criminal defense lawyer would not comment on the disappearance, saying he would focus only on the current charges.
3 Violent Crime Cases in Oklahoma
The Oklahoma City Law Firm of Slane & Phillips successfully represented a client in Oklahoma County Court this past week. The case included charges of:
- assault and battery with a dangerous weapon
- domestic abuse by strangulation
- domestic abuse assault and battery
All 3 counts were dismissed.
In addition, we were able to have separate cases of assault and battery and malicious destruction of property dismissed for 2 additional clients facing criminal charges in Oklahoma.
Plea Agreement Frees Man Twice Sentenced to Death Row in Oklahoma
Twice convicted of murder, twice sentenced to death row, and twice having his convictions overturned on appeal because of inadequate counsel, James T. Fisher, Jr., was ordered freed last week when prosecutors decided to accept a plea deal rather than to attempt a third trial.
The former death row inmate was convicted of first-degree murder in the 1982 killing of Terry Gene Neal in Oklahoma City. Neal was killed after his attacker stabbed him in the throat with a broken bottle, and stole his car and television. There was no forensic evidence to tie Fisher to the crime, and the prosecution largely relied on the testimony of witness Fadjo Johnson, who was originally charged with Neal's murder. Johnson said that he and Fisher met Neal in an Oklahoma City area known for homosexual prostitution. The witness claimed that Fisher killed Neal after having sex with him.
Despite such shaky evidence, Fisher was convicted of first degree murder in 1983 and sentenced to death. However, he appealed the decision saying that his Oklahoma defense attorney inadequately defended him against the charges. At Fisher's appeal, the attorney who represented him in the first trial admitted that he let his personal feelings about homosexuality interfere with his work. An appeals court ruled that the defense lawyer was "grossly inept" and that he "sabotaged his client's defense." The murder conviction was overturned.
In 2005, history seemed to repeat itself at Fisher's retrial. He was again convicted of Neal's murder and again sentenced to death. Just as before, he appealed the conviction on grounds of inadequate counsel. His Oklahoma City defense lawyer for the second trial admitted that he was in the midst of substance abuse problems during the retrial, and that he was unable to properly defend his client.
After two convictions overturned on appeal, prosecutors were faced with the dilemma of trying Fisher a third time--this time with evidence that was nearly 28 years old. Rather than attempting a third trial, prosecutors accepted a plea agreement negotiated with Fisher's current Oklahoma criminal attorney. As part of the deal, Fisher pleaded guilty to first degree murder and was sentenced to life with the possibility of parole. He was given credit for time served, 27 years, and the rest of his sentence was suspended. As a result of the agreement, Fisher will be released from prison into an intensive reintigration program in another state, which is designed to help Fisher transition back into society. Fisher's current defense attorney says that the program usually takes six months to three years to complete.
As a stipulation of his plea agreement and subsequent release, Fisher is order never to set foot in Oklahoma again.
Unrelated Schemes Result in Oklahoma Fraud Charges for Two Dell Employees
Two Dell employees have been charged with computer fraud in Oklahoma County District Court after each was alleged to have defrauded the computer company out of over $133,000 using separate and unrelated fraud schemes. One employee set up fraudulent customer accounts to obtain equipment and hardware for pennies on the dollar; another gave unauthorized discounts to family and friends.
In the first case, Ryan Matthew Wells, 27, is accused of creating fabricated customer accounts using his relatives' names. He then allegedly manipulated the prices of items on 59 fraudulent orders. In one case, he paid only 34 cents for five Dell projectors valued at $1,961.45. Wells reportedly told police that he later sold the items through classified ads on Craigslist and eBay, using the profits to pay his student loans. Wells allegedly defrauded Dell out of $113,900 as a result of this scheme. He is charged with ten counts of computer fraud.
In the second case, Phillip Valentine, 28, is accused of providing his family and friends with unauthorized discounts on Dell merchandise, giving one friend a discount of $500 off a camera lens. The total value of unauthorized discounts in Valentine's scheme is approximated at nearly $20,000. Valentine has been charged with two counts of Oklahoma computer fraud.
In Oklahoma, fraud is a white collar crime, or a crime connected to a business or commercial enterprise. White collar crimes are often investigated long before the suspect or perpetrator is even aware that someone has become suspicious of his or her actions. If someone has been accused of fraud or embezzlement, the first step is seeking counsel from an Oklahoma white collar defense attorney experienced in defending fraud, embezzlement, computer crimes, and other white collar criminal investigations.
Oklahoma Expungement Hearing Postponed for Man Implicated in Triple Homicide
The expungement hearing for a man charged in a 1996 triple shooting has been delayed after his Oklahoma expungement attorney asked for a postponement to give her adequate time to respond to objections from the the Oklahoma County district attorney's office and the OSBI. A new hearing date has not yet been set.
Tybream Demont Rogers petitioned the court to expunge his criminal record of three first degree murder charges stemming from his alleged involvement in a shoot-out that left three people dead. Rogers was never accused of being the shooter, but he was charged in connection with the fatal shooting. His murder trial ended in mistrial after his Oklahoma City criminal defense lawyer raised allegations of sexual misconduct against an arresting officer. An appellate court ruled that retrying Rogers would amount to double jeopardy; therefore, a retrial would be unconstitutional.
In Rogers's Oklahoma expungement petition, he claims that the charges against him have hindered him from finding a job. He asserts that it is unjust that charges of which he was never convicted are preventing him from finding gainful employment. Those arguing against an expungement of Rogers's record say that an expungement is not warranted because the case against Rogers was never dismissed, and he was never convicted or acquitted of the crime.
Expungement law in Oklahoma has specific guidelines for the sealing of non-conviction information. Title 22 Section 18 and Title 22 991(c) of the Oklahoma Statutes describe the methods of obtaining the different types of expungement under Oklahoma law. For someone wishing to clear or purge his or her record, an experienced Oklahoma expungement lawyer can help determine the type of expungement for which he or she is eligible and will help petition the court to seal or purge the client's record of arrests, criminal charges, and convictions.
Officer Accused of Perjury in Oklahoma Drug Trafficking Case
A preliminary hearing has been set for July 30 for the police officer accused of perjury in an Oklahoma drug trafficking case. Former police officer Rodney Richards has been accused of lying about a federal arrest warrant, falsifying an affidavit, lying about the jurisdiction of a police pursuit, and lying under oath during the trial of an alleged drug dealer.
This is not the first time Richards has faced perjury charges. In 2006, Richards was accused of lying about the presence of a police informant during a drug bust. Richards was acquitted in that case, and his Oklahoma defense lawyer asserts that Richards is an honest, hard-working officer. He suspects that the most recent charges against Richards are politically motivated. The District Attorney in the current case, Bret Burns, was the assistant district attorney in the 2006 case and is currently seeking re-election.
Burns maintains that Richards lied under oath, and that "his perjury allowed a drug dealer to go free."
The alleged perjury came to light during the preliminary hearing of a suspected drug trafficker, Robert Shawn Williams. Rodney Richards and his partner Randy Johnson were accused of providing differing stories about Williams's arrest, and prosecutors say the officers "doctored" a police audiotape. The case against Williams was dismissed.
Richards and Johnson reported that they began a high-speed pursuit of Williams and his passenger, Melanie Ann Anderson, within the Marlow police department's jurisdiction and that it continued into Grady County, resulting in the arrest of Williams and Anderson, who was convicted of drug trafficking after officers found crystal meth hidden on her body.
However, another police officer reported that he saw Richards and Johnson that day, but that they were parked near the Grady County line, past the jurisdiction of the Marlow officers.
If convicted of purjury, Rodney Richards faces up to 15 years in prison. Neither Richards nor his current Oklahoma criminal defense attorney were available for comment on the case.
Man Held on $1 Million Bond after Continued Oklahoma Traffic Offenses
Reapeat offenders of any crime face harsher consequences as they continue to break the law. Oklahoma defense attorneys see many cases where the punishment is based on the defendant's history and seems to be too severe for the alleged crime. The case of a man being held on $1 million bond for traffic violations perfectly illustrates the point.
Pacer Wynn Gooding, 42, was arrested last week and charged with his second Oklahoma DUI with a blood alcohol concentration of .08, the state's legal limit. Under Oklahoma law, a second DUI within ten years of the first conviction is charged as a felony. If convicted, the driver faces a jail sentence of one to five years.
Gooding was found with marijuana at the time of his arrest and was also charged with Oklahoma possession of a controlled substance and driving while suspended.
While charges against Gooding are serious, having bail set at $1 million seems unwarranted at first glance. However, Gooding's history of traffic offenses is so extensive that prosecutors deemed him "a threat to society." Gooding's most recent arrest was not only his second DUI arrest, but also his fifth incident of possession of marijuana and his eighteenth charge of driving while suspended. An Oklahoma judge agreed that being a serial traffic offender made Gooding a menace to the general public and set the million dollar bond. Gooding's Oklahoma DUI lawyer was not available for comment.
Pacer Wynn Gooding's prodigious police record dates back nearly 25 years and, in addition to the charges listed above, includes charges of transporting an open container, second-degree burglary, malicious injury of property, grand larceny, concealing stolen property, leaving the scene of an accident, four counts of second-degree forgery and numerous traffic offenses.
A bond of $1 million for traffic offenses shows that a judge is unlikely to show leniency in sentencing if Gooding is convicted. His Oklahoma DUI defense attorney will have to work diligently to overcome judicial prejudices and ensure his constitutional rights are upheld.