OKC Man Arrested Midwest City Pharmacy Break-in
Midwest City police arrested an Oklahoma City man in connection with a pharmacy break-in early Thanksgiving morning. Police responded to an alarm at a Midwest City pharmacy, where they saw a suspect leaving the business with a box. The suspect fled, and Justin Patterson, 23, was arrested after he crashed a stolen pickup in a brief high-speed chase. At the time of his arrest Patterson was found to be in possession of 3,000 Lortab pills. The truck he was driving at the time of the burglary and chase had been reported stolen from an area night club an hour prior to the pharmacy break-in.
Patterson was arrested on multiple criminal complaints as a result of the incident, including possession of a stolen motor vehicle, second degree burglary, possession of stolen property, larceny of a motor vehicle. He faces an additional Oklahoma possession for sale charge of possession of controlled dangerous substances with intent to distribute.
Midwest City Police Chief Brandon Clabes reports that Lortab, a painkiller, has a street value of approximately $20 per pill. He says that police are investigating the possibility that Justin Patterson is connected to another Midwest City pharmacy burglary earlier this month. Lortab was also stolen in that break-in.
Life Sentence for Woman Convicted in OKC Child Abuse Death
In return for her guilty plea, a woman charged with Oklahoma domestic abuse in the death of her adopted son will be sentenced to life in prison. Alibra R. Nichols, 33, was charged with child neglect, child abuse, enabling child abuse, and enabling child neglect for her role in the death of 3-year-old Larandon Nichols. She admitted that she hit the toddler with shoes, clothes hangers, switches, and a plastic bat in the days leading up to his July 11 death.
Nichols's live-in boyfriend, Donald Ray Miller has also been charged with domestic violence in Oklahoma County, but has not reached a plea agreement with prosecutors. Miller waived a preliminary hearing.
An autopsy report from the State Medical Examiner's Office revealed that Larandon Nichols died of sepsis caused by multiple blunt force trauma. Sepsis, is a severe infection which occurs in untreated injuries or wounds. Emergency personnel who responded to Alibra Nichols's 911 call on July 11 found Larandon covered in bruises, scratches, and cuts. They said he appeared malnourished and emaciated. The toddler weighed only 18 pounds at the time of his death; by contrast, the average 3-year-old boy weighs 33 pounds. Eighteen pounds is the average weight of a 7 or 8 month old baby.
Alibra Nichols, whose weight is reported as 370 pounds, allegedly fell on top of the 18-pound Larandon a week before his death.
Although Landon's injuries and neglect were quite severe, and it appears that the abuse played a role in the boy's death, prosecutors declined to charge his adoptive mother and her boyfriend with murder. Prosecutors said that, in order to obtain a murder conviction, they would have to prove that the abuse was the cause of Larandon's death. Because he died of an infection, it has thus far been impossible to prove that the sepsis and Larandon's death were a direct result of the child abuse.
A neglect complaint was filed against Alibra Nichols in December 2007 that described her as "unresponsive" to Larandon's needs and that described the home as "cluttered," with diapers and clothing strewn about the backyard. DHS reports say an investigation revealed the home to be clean and uncluttered.
Oklahoma Teacher Pleads No Contest to First Degree Rape
A former middle school teacher pleaded no contest last week to an Oklahoma first degree rape charge and three counts of soliciting a minor in Oklahoma. Stephanie Diane Harris, 29, was accused of sending explicit text messages and nude photos of herself to a 13-year-old male student.
Harris was an eighth-grade computer teacher in Marble City, Oklahoma, in 2008, when she sent a text message to the victim asking him if he wanted to have sex with her. Though the student agreed to sex with his teacher, Oklahoma statutory rape laws hold that no one under the age of 16 can consent to sex. Furthermore, sex with a person under the age of 14 is considered first degree rape.
Stephanie Harris is scheduled for sentencing on February 16. The minimum sentence for first degree rape in Oklahoma is 5 years in prison. Also, Harris will likely be required to register for life as an Oklahoma sex offender.
State clearly defines seven types of rape as first degree rape in Oklahoma:
- rape of a person under the age of 14 by a person over the age of 18
- rape of a person unable to consent due to mental illness or "unsoundness of mind"
- rape where the victim is drugged as a means of forcing submission
- rape of a person who is unconscious of the act, and the perpetrator is aware of the fact
- rape accomplished through force, violence, or the threat of force or violence
- rape by instrumentation that results in bodily harm to the victim
- rape by instrumentation of a person under the age of 14
First degree rape and first degree rape by instrumentation in Oklahoma are serious offenses that can have dire consequences for those convicted. Penalties for an Oklahoma rape conviction may include mandatory lifetime sex offender registration, life in prison, and lengthy probation for those paroled and those not sentenced to the maximum term. If you are charged with rape or any other sex crime in Oklahoma, consult an experienced Oklahoma sex crime defense attorney with a proven record of successful rape defense.
Minister Acquitted of Lewd Molestation in Oklahoma
The Oklahoma sex crime defense attorney for a Weleetka minister charged with molesting five girls in his church says that his client tickled and pinched the girls affectionately, but had no sexual intent and did not realize his actions made the girls uncomfortable. An Okfuskee County jury agreed, finding Marvin James Lowe, 57, not guilty of nine counts of lewd acts with a minor in Oklahoma. However, the jury did find Lowe guilty of six lesser misdemeanor charges of Oklahoma domestic abuse.
Lowe's Oklahoma criminal defense lawyer says that the charges against his client were the result of one girl's complaints to a friend. He says that the family was affected by the hysteria surrounding the unsolved murders of Skyla Whitaker, 11, and Taylor Placker, 13, only a mile from the Arbeka Indian Baptist Church where Lowe was minister. According to Lowe's attorney, there was never any evidence of sexual abuse. Lowe's own children testified in his defense, saying that their father is an affectionate man who liked to tickle, pinch, and touch them, but that such physical contact was never sexual and never made them uncomfortable. Lowe's family and attorney say that the allegations of Oklahoma lewd molestation have had a terrible effect on the minister, costing him his reputation, his job, and tens of thousands of dollars in court costs. Additionally, they say, Lowe is now afraid to be around children, including his own grandchildren.
Allegations of child sexual abuse can have devastating consequences, even for those eventually acquitted and vindicated. In sex abuse cases, the constitutional rights of the accused are frequently trampled. In the name of protecting the innocent victim, authorities forget that the accused has rights, too, and is legally to be held innocent unless guilt is proven. Individuals accused of sex crimes against children should immediately seek experienced counsel from an Oklahoma sex crimes defense attorney with a proven record of successful defense in lewd molestation and child sexual abuse cases.
Suspect Arrested in OKC Child Sexual Assaults
On Thursday, November 11, the Oklahoma Criminal Defense blog published a story about a suspected serial abductor and child molester in Oklahoma City. Later the same day, Oklahoma City police arrested a suspect in connection with the crimes. David Brian Morgan, 52, of Edmond, was arrested at his job at a car wash in Oklahoma City after several identifying factors from the victims' statements matched Morgan's description. Police interviewed Morgan, searched his vehicle, and arrested him. Morgan has been charged with kidnapping, forcible sodomy, and lewd acts with children in Oklahoma.
Police believe Morgan is the perpetrator of three abductions and child sexual assaults between April 16 and October 29, 2010. In each instance, a middle school-aged girl walking to or from school was forcibly abducted at knifepoint or gunpoint, driven to an undisclosed location, and sexually assaulted before being released. One victim described her attacker as wearing a shirt with a car wash logo. Another girl said that the man who sexually assaulted her had a scar on his face. Morgan, who has a scar on his left cheek, was arrested at his job at a northwest Oklahoma City car wash.
After the September incident, police attempted to interview registered Oklahoma sex offender Larry Dale Kirby, 43, about his possible involvement. Police stated they had no evidence linking Kirby to the abduction or molestation, but were simply following up on a lead. Kirby shot and killed himself as police arrived. The Oklahoma Criminal Defense blog reported the story of the Oklahoma sex offender's suicide on October 11, 2010.
Local news reports have not determined whether or not David Morgan, the man eventually charged in the child sexual assaults, has retained an Oklahoma sex crime defense lawyer. In light of the seriousness of the charges against him, if Morgan has not already hired a criminal defense attorney, he would be wise to do so as soon as possible. Sex crimes against children in Oklahoma carry harsh penalties, including lengthy prison sentences, often without the possibility of parole, and lifetime sex offender registration. An experienced Oklahoma sex crimes attorney can evaluate the circumstances of the case to craft an aggressive defense strategy for clients charged with sex crimes in Oklahoma.
Oklahoma City Schools Warn Against Serial Child Molester
Officials in two Oklahoma City school districts have warned parents to be vigilant after a series of possibly related cases of abduction and molestation in Oklahoma in September and October.
Oklahoma City Public Schools informed parents of the abductions and molestations of three middle school girls in separate incidents on September 16, September 29, and October 29. In each incident, a girl walking to school was to or from school when she was forced into a car, driven to another location, and molested before being released. In two incidents, the girls were abducted at gunpoint and in one abduction, the girl was threatened with a knife. The car was described as a gray or white four door vehicle.
Also on October 29, authorities with Putnam City Schools told parents of an incident in which a group of students walking to an elementary school were approached by a man in a gray PT Cruiser or Chevy HHR who offered them candy to get in the car. The man persisted, but the children refused and notified school officials. The description of the man is similar to that of the perpetrator in the Oklahoma City molestations.
Police suspect that the Oklahoma City child sexual assault and abduction incidents may be related and echo the districts' warnings for extra safety precautions. Authorities recommend that students walk to and from school in groups, rather than alone, and they warn parents against dropping children off at school early or picking them up late.
Police have released a sketch of the suspect.
While the circumstances of the abductions and abduction attempt are similar, they are not exact, and the children's descriptions vary somewhat. It is important that parents be protective of their children's safety without rushing to judgment or succumbing to hysteria. Following simple safety steps as outlined by authorities can help keep children safe without making them fearful.
Drug Case in Payne County
We were able to have 2 drug charges against our client dismissed in Payne County Court. The charges were for possession of marijuana and possession of drug paraphernalia.
Mistrial Declared in Oklahoma City Domestic Abuse Case
An Oklahoma County domestic abuse case ended in mistrial last week due to juror misconduct. Juror Marvin Brown, Jr., 27, appeared to be under the influence of alcohol and possibly drugs when deputies picked him up at his home when he failed to appear in court. Brown, who had previously been an hour and a half late to court, was removed from the jury and arrested for contempt of court.
While most Oklahoma City domestic violence trials do not make headlines, the unique aspects of the trial brought media attention to the case. Richard B. Wise, 43, was charged with beating his girlfriend after she caught him having sex with another woman in the parking lot of a nightclub. The alleged victim, Gina Larsen, 36, told police and hospital personnel that Wise handcuffed, beat, and choked her on February 17. However, after he was charged with felony kidnapping, felony domestic abuse, and misdemeanor domestic abuse, Larsen recanted her story. She testified at trial that her injuries were the result of consensual "rough sex" that she and Wise enjoyed as a part of a sexual fetish. Larsen claimed that she and Wise were "master and slave" as part of the BDSM (bondage and discipline, dominance and submission and sadomasochism) lifestyle.
While Wise's Oklahoma domestic violence attorney and the alleged victim herself argue that Larsen's injuries were not the result of domestic abuse, prosecutors have determined to pursue the case, even after the mistrial.
Because the judge did not provide alternate jurors in the trial, the jury consisted of only eleven members after the removal of Marvin Brown, Jr. Wise was given the option of letting the remaining jurors decide the case, but he refused, resulting in a mistrial. The domestic abuse case is scheduled to be re-tried in February or April 2011. Wise is to remain in jail until his trial after the judge revoked bail because of Wise's misconduct during a break in testimony.
Woman Gets 24 Year Sentence in Oklahoma DUI Manslaughter
A woman accused of killing two bicyclists and injuring a third while driving under the influence in Oklahoma was sentenced to twenty four years in prison for the deaths. Tausha Borland, 39, waived her right to a trial and pleaded guilty on September 13 to two counts of first-degree manslaughter. Court records indicate that her guilty plea was not part of a plea agreement arranged with prosecutors and her Oklahoma DUI defense attorney.
While punishment for first degree manslaughter in Oklahoma ranges from four years to life in prison, prosecutors argued that Borland's consecutive twelve-year sentences were not enough. However, Borland's Oklahoma defense lawyer told the judge that his client never meant to hurt anyone and pointed out that she will not be eligible for parole until she about sixty years old. As part of her sentence, Borland is required to serve eighty-five percent of her term before being eligible for parole or release.
In the case, Borland also pleaded guilty to misdemeanor DUI and pleaded no contest to leaving the scene of a fatality accident. For those convictions, she received a total of six years suspended sentences.
Records indicate that this is Borland's third alcohol related offense since 2003. She received a fine for a DUI charge reduced to reckless driving in 2003. In the second incident, she received a six month suspended sentence for Oklahoma DWI.
The most recent conviction was the result of a June 9 collision in which Borland struck three bicyclists who were riding on the shoulder of Oklahoma Highway 51. After the accident, which killed Christa Voss, 33, and Matthew Edmonds, 34, lab results determined Borland's blood alcohol concentration to be 0.09, just over the legal limit of 0.08 for DUI in Oklahoma. Borland admitted to substance abuse issues with alcohol, marijuana, and Xanax, and at her sentencing, she told the judge that she received treatment and attended Alcoholics Anonymous meetings while free on bond prior to her September 13 guilty plea.
Oklahoma County DUI Checkpoint Yields 17 Arrests
Holiday weekends have often become synonymous with alcohol-fueled parties and are notorious for an increase in Oklahoma drunk driving arrests. In an attempt to curb the number of intoxicated drivers on the road, local law enforcement agencies frequently set up sobriety checkpoints during most holidays, especially those considered "party holidays," such as New Year's Eve, St. Patrick's Day, Independence Day, and Halloween.
Last Friday night, the Oklahoma County Sheriff's Office kicked off Halloween weekend with a sobriety checkpoint in southwest Oklahoma City. In the first hour of operation, the checkpoint resulted in two Oklahoma DUI arrests. There were seven total DUI arrests from the checkpoint over the course of the evening. However, the sobriety checkpoint resulted in a total of seven arrests, including driving under suspension and outstanding warrants. Officers also issued ninety-nine citations for violations including expired tags, speeding, lack of insurance, and improper child restraint.
While police and law enforcement officials say that sobriety checkpoints are the best way to get intoxicated drivers off of Oklahoma streets, others say that these checkpoints are a violation of Constitutional rights. At particular issue, say civil rights groups, is the invasion of privacy created by sobriety checkpoints. For example, prior to Friday night's DUI checkpoint, Oklahoma County deputies were instructed to ask drivers where they had been, where they were going, and if they had anything to drink before driving.
Oklahoma County DUI lawyers and other defense lawyers in Oklahoma City point out that drivers are not obligated to answer these questions. Individuals stopped by police are only required to give police their identification and proof of insurance. Even prior to being arrested and read their Miranda rights, people have the right to maintain their silence and refrain from saying anything that may incriminate them. If you are arrested for DUI in Oklahoma, contact and experienced DUI defense lawyer as soon as possible to protect your rights.