Former Narcotics Officer Faces Oklahoma Embezzlement Charges
Earlier this week, we brought you news of a former Oklahoma drug agent who was expected to plead guilty to charges from a Mexican gun running scheme. Now, another former narcotics officer faces criminal charges after being accused of embezzlement in Oklahoma. Trever Wayne Manuel, 38, the former head of the Pontotoc County Narcotics Task Force, is alleged to have taken approximately $9,000 and to have pawned his state-issued service weapon. . He is accused of taking drug money seized during investigations and raid. Manuel is alleged to have pawned weapons seized from Oklahoma drug crime investigations and even to have pawned his personal service weapons issued to him as a narcotics officer by the State of Oklahoma.
Manuel faces two Oklahoma embezzlement charges and four counts of making false declaration to a pawn broker. The Oklahoma embezzlement case is being prosecuted by the Pottawatomie County District Attorney, because the Pontotoc County DA is being called as a witness in the case. The Pontotoc Count District Attorney, Chris Ross, was over the Narcotics Task Force, and as such, was Manuel's former boss.
Ross said in a release issued when the allegations surfaced that he met with narcotics task force agents early this year and took over all funds and documentation regarding the release of those funds. He says that after an investigation revealed discrepancies, an "employee in his office" resigned. Ross claims that during a discussion following the employee's resignation, some of the missing funds were recovered, and since that time, the remaining missing money has been returned. While Ross's release does not name Manuel as the employee, circumstances seem to indicate the Narcotics Task Force Agent.
Under Oklahoma embezzlement law, part of the sentence upon conviction is restitution. The repayment of embezzled funds before the trial may have been motivated by Manuel's Oklahoma white collar defense attorney. If the client has already acknowledged guilt, which may be the case in light of the conversation following the "employee's" resignation, the attorney may realize that the best defense is to show the client's remorse and willingness to pay the penalties for his actions. Such cooperation may go a long way toward mitigating the consequences and providing the best possible sentencing outcome for the defendant.
Oklahoma Narcotics Agent Accused of Gun Running
An Oklahoma City man who is a former agent with the Oklahoma Bureau of Narcotics and Dangerous Drugs Control is expected to plead guilty this week to charges stemming from allegations of his involvement in a scheme to run guns. Francisco Javier Reyes, 29, is accused of being part of a conspiracy to buy semi-automatic weapons in Oklahoma and smuggle them into Mexico. He was still an Oklahoma drug enforcement agent at the time of the crime.
For his role in the gun running, Reyes faces a conspiracy charge and an Oklahoma gun charge of transferring firearms to an out-of-state resident. If Reyes does, in fact, plead as expected, he faces a maximum penalty of a $250,000 fine and five years in prison for each charge.
Two other men have also been charged for their roles in the attempt to smuggle guns to Mexico. Gregorio Morales-Martinez, an illegal immigrant living in Texas, is accused of paying Reyes and two others to purchase the semi-automatic rifles. He was charged this week with one count each of conspiracy to defraud the ATF and of being an illegal immigrant in possession of firearms, and with two counts of making false statements on ATF forms.
Jorge Alexis Blanco, 25, also from Oklahoma, is accused of working with Reyes and another accomplice, since deceased, to purchase 43 firearms to sell to Morales-Martinez. For his role in the unlawful possession of firearms in Oklahoma, Blanco has been charged with one count of conspiracy to defraud the ATF and five counts of making false statements on ATF forms.
According to court documents, some of the firearms in the gun running scheme were seized by authorities as they were being smuggled into Mexico.
Legislator Pushes for Tougher Boating DUI Laws in Oklahoma
With over 100 alcohol-related boating accidents resulting in 44 deaths over the past seven years, one legislator continues to push for tougher Oklahoma DUI boating laws. According to Senator Bill Brown, Oklahoma DUI laws for boats and other watercraft are more lenient than DUI laws for motor vehicles on land. For the past three years, Sen. Brown, who runs a boat marina, has introduced legislation to strengthen penalties for operating a watercraft while under the influence of alcohol.
In all fifty states, the legal limit for DUI on land is a blood alcohol concentration (BAC) of .08. However, nine states, including Oklahoma, set the legal limit for DUI on water above .08. The driver of a boat must have a BAC of .10 to be found guilty of DUI in Oklahoma. While land DUI results in a loss of driving privileges, boating DUI is not connected to driver's license restrictions in Oklahoma. However, thirteen states have laws in which a DUI conviction on the water leads to the loss of one's driver's license.
Additionally, the penalties for boating DUI are lesser than for DUI on land. If one is found guilty of driving a boat or watercraft while intoxicated, he or she would be convicted of a misdemeanor charge, fined $246, and sentenced to only 8 hours in jail.
Senator Brown says that his push for tougher DUI laws on Oklahoma lakes has been met with strong resistance from those indicating that the lake is a place to relax and unwind. However, Sen. Brown cites the number of alcohol-related accidents and deaths as a need for stronger legislation. Most recently, a 38-year-old father was killed and six others injured in a fatal hit-and-run at Oklahoma's Lake Eufaula. In the accident, a boat driven by 24-year-old Aaron Jones struck the boat in which Greg Scherff was a passenger, killing Scherff. Jones fled the scene and cleaned up his boat. While investigators found no evidence of alcohol on the boat, witnesses report that alcohol was most likely a factor in the collision. Jones was cited in 2003 for driving with an open container of beer.
Prosecutors Seek Death Penalty in Oklahoma Murder Case
Prosecutors in Pottawatomie County are seeking the death penalty against Glendon Gouker, 39, who is accused of killing 19-year-old Ethan Walton and raping and sexually assaulting Walton's 20-year-old girlfriend. Gouker's sister, Michele Gouker, 29, is accused as an accomplice in the case.
The case began on September 8, when Ethan Walton went to the Gouker residence to try to finalize the sale of some property to Glendon Gouker. According to Walton's girlfriend, she waited in the car while Walton went in to wrap up the deal. Gouker then came to the car and said she was needed to witness the signing of the sale documents. She alleges that Gouker covered her mouth and threatened to kill her if she did not comply with his demands, and he raped her and tied her to the shed. She says her returned and raped her two more times over the next several hours before moving her into the house and tying her to a bed. The victim alleges that Michele Gouker checked on her several times to be sure she was still tied up. The victim was able to free herself and grab a knife from a nearby gun rack. When Michele Gouker tried to check on her again, the woman slashed Gouker's hands and wrists, jumped from a window, and ran naked to a neighbor's house.
Investigators discovered Ethan Walton's body in a 55-gallon drum on the Goukers' property. They also found rope tied to the headboard of a bed in the Gouker home and a .380 caliber pistol with blood on it.
As a result of the murder and rape, Glendon Gouker is being held without bail on charges of first-degree murder, Oklahoma first-degree rape, kidnapping, possession of a firearm during the commission of a felony, possession of a controlled drug with intent to distribute and four counts of oral sodomy. Gouker's Oklahoma criminal defense attorney voiced concerns that his client will be unable to have an impartial trial if the case is tried in Pottawatomie County.
Michele Gouker has been charged with kidnapping, shooting with intent to kill and unlawful possession of a controlled drug in Oklahoma. Bail for Michele Gouker is set at $1 million.
Sword-Wielding Robber Makes off with 12-Pack at Oklahoma City Store
Generally, when one considers armed robbery in Oklahoma, one thinks of a gun as the weapon involved. While firearms are the most common weapon used in an armed robbery, any number of instruments can be considered weapons under Oklahoma Law. Knives, nunchuks, baseball bats, and even cars can be considered weapons in Oklahoma violent crime. Sometimes, the details of these violent crimes are so bizarre they leave police, prosecutors, and Oklahoma defense lawyers scratching their heads, wondering, "What were they thinking?"
One such bizarre tale came out of Oklahoma City last week. An armed robber stormed into an Oklahoma City 7-Eleven convenience store. One might think that the robber brandished a gun and demanded money from the register and safe. However, neither element in this case is true. Rather, the weapon involved was a "curved, Arabian-type sword," and the loot was nothing more than a twelve-pack of beer. Now, police are looking for the suspect who will face felony charges of armed robbery, all for a dozen beers valued at less than $20.
A few additional details make this story even more odd, and make the perpetrator eligible for a guest spot on America's Dumbest Criminals. In the incident, the robber walked into the convenience store, grabbed the beer, and attempted to leave without paying. When he was confronted by the store clerk, he pulled the sword. The clerk stood back to protect himself, and the thief left the store . . . hitting himself in the head with the sword on the way out. To make the robbery even more ridiculous, the suspect is a regular at the store.
For those keeping count at home, this brings the stupid elements of this robbery to:
- One Aladdin sword
- One twelve-pack of beer
- One self head-smack with said sword
- One robbery of a place where the perp is well known
One wonders how many 12-packs the sword-wielding robber had already consumed before attempting this stunt.
Oklahoma Girl, 15, Pleads Not Guilty in Father’s Murder
An Oklahoma girl accused of enticing her adult boyfriend to murder her father pleaded not guilty to charges of first-degree murder last week in Logan County District Court. Kayleigh Lynn Fryer, 15, was ordered to stand trial as an adult in the May 13, 2010 killing.
According to Fryer's Oklahoma criminal defense attorney, accusations of the girl's involvement in her father's murder are nothing more than the attempt of the actual killer to shift blame from himself in order to reach a plea agreement. Fryer's married boyfriend, Jerry Jerone Chiles, Jr., 21 at the time of the killing, pleaded guilty to first degree murder in the stabbing death of Lewis Keith Fryer. As part of the agreement, Chiles must offer his testimony against Fryer in exchange for a sentence of life in prison with the possibility of parole.
According to Chiles, Fryer told him that if he killed her father, the two lovers would be able to live together with her mother. Chiles told prosecutors that Fryer arranged the killing, showing him where the knives were kept and leaving the back door of her father's house unlocked to provide access for the stabbing. Chiles admitted to having a sexual relationship with the 15-year-old girl, but claims he did not realize that 15 was below the legal age of consent under Oklahoma statutory rape laws.
Kayleigh Fryer's Oklahoma violent crime lawyer says that Chiles's testimony is false. According to the defense attorney, such testimony comes from an unreliable witness who has a history of drug abuse and gang involvement. He says that there is no evidence that Fryer was involved in her father's murder. He refutes the details of Chiles's story, saying that Fryer and her mother both told the man that he could not live with Kayleigh at her mother's house, and that Chiles already knew where the knives were kept at the girl's father's house.
Kayleigh Fryer was ordered to stand trial as an adult at her preliminary hearing in August. A pretrial hearing is scheduled for December 10, 2010.
Oklahoma Sex Offender Restrictions Cause Residency Nightmare
Sex offender restrictions in Oklahoma were made even more stringent earlier this year with the passage of Senate Bill 2064, which expanded the "zone of safety" in which registered Oklahoma sex offenders are not allowed to enter. While supporters of the bill claimed that strengthening restrictions against sex offenders protects the safety of potential victims, opponents say that the problems associated with such harsh penalties for conviction of an Oklahoma sex crime make it nearly impossible for registered sex offenders to make a new start. Being branded as a sex offender comes as a consequence for a broad range of sex offenses: a registered sex offender may be a violent child rapist or may be someone convicted of a crime as seemingly minor as indecent exposure in Oklahoma. Despite the varying degrees of the offense, all sex offenders are subject to the same restrictions as far as the penalities imposed under the Oklahoma Sex Offender Registry.
According to one local news report, under the "zone of safety" requirements of Oklahoma sex offender laws, eighty-five percent of Oklahoma City is off-limits to registered sex offenders. Because of these restrictions, finding affordable housing and gaining a fresh start is virtually impossible for registered Oklahoma sex offenders who have completed their jail sentences. However, the housing dilemma for Oklahoma sex offenders is not the only problem created by expanding the zone of safety. Many police officers report that enforcement of the law is difficult, and that such residency limitations actually make it more challenging to protect the innocent. According to some officers, once the safety zone was expanded, sex offenders facing the daunting--if not impossible--task of finding housing simply failed to register. Once they "disappear" from the radar, police say, the task of protecting the public from Oklahoma sex offenders becomes much more complicated.
One Oklahoma City news station reported on the failure of Oklahoma sex offender safety zones:
Because these severe restrictions impact all individuals convicted of sex crimes who are forced to register as an Oklahoma sex offender, it is vital that those charged with such crimes seek immediate counsel from a skilled Oklahoma sex crimes lawyer who can help protect the rights and maintain the freedoms of the accused.
Oklahoma City Woman Won’t Face Charges in Birthday Party Assault
The Canadian County District Attorney has declined to file criminal charges against an Oklahoma City woman accused of crashing a 12-year-old girl's birthday party and encouraging her daughter to punch the birthday girl in the face. In the incident, Gina Hinkle, 33, was arrested on complaints of trespassing, burglary, and contributing to the delinquency of a minor. Her 9-year-old daughter was was ticketed for Oklahoma City assault and battery.
The alleged assault occured at a birthday party on August 28. According to the parents of the birthday girl, Hinkle and her daughter showed up uninvited to the party and started verbally assaulting their daughter because they were upset that Hinkle's daughter had not been invited to the party. Hinkle then allegedly told her daughter, "Stand up for yourself and do something," and the 9-year-old punched the 12-year-old girl in the face, giving her a black eye. The birthday girl's mother then lunged for Hinkle, but she was restrained by her husband.
The alleged victim's father, Shawn Hurst, said the incident was the result of longstanding problems between the two girls. According to Hurst, the problems began when Hinkle's daughter accused his daughter of bullying her on the school bus. However, he claims that the girl's accusations were false, and that video surveillance on the bus showed no wrongdoing on the part of his daughter. Hurst said the families used to live in the same neighborhood, but that the Hursts moved as a result of the ongoing problems with the Hinkles. Hurst told reporters that he is disappointed that Hinkle won't face state charges, but that he has not yet decided whether to file a civil suit.
Gina Hinkle's Oklahoma defense attorney disputes Hurst's story. He claims that Hinkle and her daughter were invited guests at the birthday party, and that the younger child decided to go to the story despite allegedly being bullied by the older girl. After they arrived, things took a turn for the worse, and Hurst's wife, the mother of the birthday girl, tried to assault Hinkle.
Although no state charges will be filed, according to Oklahoma City police, city trespassing tickets are still pending against Gina Hinkle, and her daughter is still facing charges of assault and battery in Oklahoma City.
Rape Charges
One of our client was accused of rape in Muskogee County, Oklahoma. Yesterday, we were successful in having those charges dismissed.
Edmond Oklahoma Apartment Drug Raids Net 18 Arrests
Penalties for drug offenses in Oklahoma are among the toughest in the nation. With most drug-related offenses prosecuted as felonies, Oklahoma drug crimes carry severe sentences, including up to life in prison. Last week, police officers in Edmond, Oklahoma conducted drug raids on two apartment complexes. These raids resulted in eighteen arrests, eleven of which were for drug related offenses. The remaining seven arrests were for outstanding warrants.
The majority of the Edmond arrests were for Oklahoma possession of marijuana or possession of drug paraphernalia. Under Oklahoma law, first offense drug possession is a misdemeanor, punishable by up to a year in jail. Subsequent drug possession charges in Oklahoma are felonies.
According to Edmond police spokesperson Glynda Chu, the raids on the Rolling Green and Chapel Ridge apartments came as a result of resident complaints about drug trafficking and gang activity. She would not comment on the possibility of future drug raids in the area, stating that the secrecy of such raids is the key to their effectiveness in rounding up arrests.
The Edmond drug raids were not the only cases last week that put the seemingly minor charge of Oklahoma marijuana possession in the spotlight. A second grade teacher with Oklahoma City's Putnam City school district was arrested at her home in Yukon when police raided her home and found a pound of marijuana and two marijuana plants. The teacher and her husband were arrested last Thursday on complaints of marijuana possession and cultivating marijuana in Oklahoma. Even first-offense cultivation charges are prosecuted as a felony and can result in a life sentence.
While fourteen states and Washington, D.C. have enacted legalized medical marijuana laws, Oklahoma has no legal options for the use of marijuana. All marijuana use in Oklahoma is considered "non-medical" and carries strict penalties. While possession and cultivation for personal use seem minor, Oklahoma drug laws make the consequences of these actions quite severe. If you have been charged with a drug crime, including possession, drug trafficking, and cultivation, contact an Oklahoma drug defense lawyer as soon as possible to help create a successful strategy for fighting your charges.