Life Sentence for Pharmacist Who Shot OKC Robber
Oklahoma defense lawyers for Jerome Jay Ersland are preparing for appeal after the pharmacist was convicted last week of first degree murder in the shooting death of 16-year-old Antwun "Speedy" Parker.
Ersland's case has grabbed media headlines since the robbery and subsequent shooting two years ago, on May 19, 2009. Parker's death occurred after he and an accomplice, Jevontai Ingram, then 14, attempted to rob the Reliable Discount Pharmacy in Oklahoma City. Ingram was armed; police determined Parker was not. Ersland sent two female employees to the back of the pharmacy and shot Parker in the head. Ingram fled and Ersland followed him out the door before returning, getting a second gun, and shooting the unconscious, unarmed Parker five more times.
Prosecutors painted Ersland as an executioner. Ersland's Oklahoma City criminal defense lawyer says he was a hero who saved two women by shooting at two masked intruders during an armed robbery.
Ersland's case was complicated by lies the pharmacist initially told police, one judge's recusal from the case, defense attorneys' calls for a second judge to step down, and attempts to have District Attorney David Prater removed from the case.
The guilty verdict has launched not only an appeal by Ersland's Oklahoma City criminal defense team, but also an outpouring of support through Facebook groups and letters to Governor Mary Fallin. Oklahoma's "Make My Day" laws make it permissible to shoot an intruder or armed robber in self defense, but prosecutors say Ersland overstepped the intent of the law when he returned to the pharmacy to shoot the robber who was no longer a threat.
Though formal sentencing in the case is not scheduled until July 11, jurors chose a sentence of life in prison. Oklahoma District Court Judge Ray C. Elliott has the option of suspending all or part of the life sentence. If he does not, Ersland will not be eligible for parole for 38 years. Ersland's lead defense attorney says that his client is in poor health and that he will request that Judge Elliot reschedule the formal sentencing as soon as possible.
Also convicted of first degree murder in Antwun Parker's death are his accomplice Jevontai Ingram, who pleaded guilty and will be released from a juvenile facility prior to his 19th birthday, contingent upon successful completion of a treatment program; and Emanuel D. Mitchel, 33, and Anthony D. Morrison, 45, who convinced the teenagers to rob the pharmacy and waited outside the pharmacy as getaway drivers. Both Mitchell and Morrison are sentenced to life in prison.
Summer Awareness of Oklahoma DUI Laws
Summer is just around the corner, and Oklahoma DUI defense attorneys know that means an increase in DUI sobriety checkpoints associated with summer holidays as well as a surge in charges of boating under the influence.
A sobriety checkpoint in Midwest City last week serves as a reminder of the DUI checkpoints that will likely be associated with the upcoming Memorial Day weekend and, later this summer, the Fourth of July celebrations. Nine people were arrested as a result of the Midwest City sobriety checkpoint, which ran from 10:30 p.m. on Saturday, May 21, through 3:00 a.m. on Sunday, May 22. Five of those arrested were for DUI complaints, including one man who made an illegal U-turn to avoid the DUI roadblock, crashed into a fence, and then ran from authorities before being apprehended.
In addition to the nine arrests, police issued 36 tickets and 53 warnings.
As the summer holidays approach, it is important to remember that you should not drive after consuming alcohol. DUI lawyers in Oklahoma City and throughout the state know that it can take a surprisingly small amount of alcohol to render a driver over the limit. If you plan on drinking at a backyard barbecue, a holiday celebration, around the pool, or at the lake, be sure you have a designated driver or the phone number of local taxi companies. If you drink and drive, you could find yourself at a DUI sobriety checkpoint or behind bars.
One other important summer reminder concerns Oklahoma boating DUI laws. Earlier this month, Governor Mary Fallin signed Senate Bill 324 into law. SB 324 lowers the legal limit for boating under the influence (BUI) to 0.08, matching the legal limit for Oklahoma DUI on roadways. Previously, the legal limit for boating DUI was a blood alcohol concentration of 0.10. SB 324 was authored by Sen. Bill Brown, R-Broken Arrow, after a fatal alcohol-involved boating accident on Lake Eufaula last Labor Day weekend.
The Oklahoma City DUI defense team at Phillips & Bailey encourages you to have a fun and safe summer.
Bill Tightens Housing Restrictions for Oklahoma Sex Offenders
Oklahoma sex crime defense lawyers fight to protect the rights of their accused clients. They see firsthand the difficulties one must face if convicted of a sex crime and forced to register as an Oklahoma sex offender. Housing restrictions are one of the biggest challenges for registered Oklahoma sex offenders, with some reports showing that up to 85 percent of Oklahoma City is off-limits to registered sex offenders. With the recent passage of Oklahoma Senate Bill 852, some 270 registered Oklahoma sex offenders may be forced to find new housing.
Authored by Senator Clark Jolley, R-Edmond, SB 852 specifically targets the Hands Up Ministries of south Oklahoma City. Hands Up Ministries is a mobile home park in which up to 270 registered sex offenders reside. According to Reverend David Nichols, founder and director of Hands Up Ministries, the men who live in the park are required to keep a job, get regular treatment, and pay $100 a week, or $400 month, for rent and expenses.
Each three-bedroom mobile home houses three sex offenders. SB 852 clarifies an existing Oklahoma law that prohibits sex offenders from living together and defines a "multi-unit structure" in which multiple sex offenders are allowed to reside. The original law was intended to refer to buildings such as apartments and apartment complexes, but since each man has his own room at Hands Up Ministries, Nichols interpreted the law to include mobile home parks.
SB 852 would defines a multiunit structure as not merely a residence with separate bedrooms, but a structure that provides multiple independent living facilities with complete sleeping, cooking, living, and bathroom areas in each unit.
Proponents of the bill say that SB 852 is not designed to target any specific business, agency, or organization, but it is meant to clarify existing law.
Opponents of SB 852 say that the law will force the closure of Hands Up Ministries, and in turn, will leave up to 270 registered sex offenders in Oklahoma homeless. While some men may be able to find housing elsewhere, others will have much more difficulty. Some critics of the bill say that many sex offenders may simply fail to register, which will leave these high-risk sex offenders under the radar, and could therefore endanger public safety.
Though the bill was initially defeated by a vote of 21-25, it was passed upon reconsideration by a vote of 34-12.
Conviction of a sex offense carries restrictions of freedom that can last a lifetime, decades after an initial prison sentence has been served. Laws designed to protect the public from sexual predators grossly inhibit opportunities for those complying with treatment and trying to make a fresh start. If you have been accused of a sex offense, seek skillful defense from an aggressive sex crime defense attorney in Oklahoma.
Coupon Fraud is a Federal Crime
White collar defense attorneys in Oklahoma and around the nation eye with interest the recent FBI arrest of "The Coupon Dude," a 22-year-old college student accused of counterfeiting coupons. Lucas Townsend Henderson, of Lubbock, Texas, is accused of not only creating and distributing fraudulent coupons online, but also of writing an instruction manual teaching readers how to do the same.
Henderson made the counterfeit coupons and counterfeiting guide, entitled "The 6 Commandments of Coupon Making," available online via internet forums and message boards. The FBI found Henderson via an IP tracking device.
Unsealed charging documents from the FBI show that Lucas Henderson was charged with wire fraud and trafficking in counterfeit goods. Henderson allegedly created counterfeit coupons for a variety of consumer goods ranging from low-priced household goods to high-end electronics, such as X-Box and Playstation. Henderson's counterfeit coupons included unauthorized use of the "Powered by SmartSource" logo. SmartSource.com is one of the leading providers of internet printable coupons.
Henderson was charged last week with one count of wire fraud and one count of trafficking in counterfeit goods. If convicted, he faces up to 20 years in Federal prison for wire fraud and up to 10 years for counterfeiting.
Coupon fraud affects manufacturers and retailers who redeem the counterfeit coupons, and such losses are then passed on to the consumer in terms of higher prices and decreased acceptance of legitimate coupons. According to an FBI.gov article detailing Henderson's Federal criminal fraud charges, over a two to three week period in 2010, approximately $200, 000 worth of counterfeit Tide coupons were redeemed, with the bulk of the loss being borne by Proctor and Gamble, manufacturer of Tide, and the retailers who honored the fraudulent coupons.
The Coupon Information Corporation (CIC) posts on its website an extensive list of counterfeit coupons, alerting conusmers, manufacturers, retailers, and law enforcement to fraudulent coupon schemes. The CIC claims that, with its assistance, fraud schemes totaling over $750 million have been uncovered. The CIC is critical of a popular reality series which focus on the extreme use of coupons, saying the series depicts illegal coupon use and encourages coupon fraud, or using a coupon in any manner other than its intended purpose.
Coupon use is exploding, and with its growth comes an increase in coupon fraud in Oklahoma and across the United States. If you have been accused of fraud or suspect you may be under investigation for white collar criminal activity, consult an Oklahoma fraud attorney as soon as possible.
Evidence Sufficient for Trial in OKC Police Officer Assault
The Oklahoma City assault lawyers for three men accused in the beating and maiming of an off-duty police officer are preparing for trial after a judge found sufficient evidence to merit trial.
The beating of the off-duty Oklahoma City police officer attempting to escort unruly patrons from a local bar has captured the public interest in the city and throughout the state of Oklahoma. Officer Chad Peery was left partially paralyzed after the attack outside of Dan O'Brien's Public House in northwest Oklahoma City.
Last week's preliminary hearing detailed the assault. According to witnesses, including a bartender who was working on February 15, the night of the attack, Officer Peery was asked to intervene when three customers twice attempted to start fights with other patrons. Accused are:
- Joshua B. Rinken, 28, Norman
- Jimmy Dan Smith, 28, Tuttle
- Cadmio Antonio Lopez, 31, Newcastle
Witnesses say that the men were told several times that Peery was a police officer, but they continued to behave aggressively. When the attack started, bartender Martin Barrett claims he yelled, "Stop! Stop! He's a cop!" Another witness reports hearing Rinken say, "I don't care if he's a cop or not." Several witnesses claim they saw Rinken holding an apparently unconcious Peery in a headlock while another man, allegedly Smith, throw punches at the wounded officer.
After the hearing, Oklahoma County Special Judge Fred Doak ruled that there is enough evidence to hold the three defendants for trial on one count of assault and battery by means of force as is likely to cause death, an Oklahoma assault charge punishable by up to life in prison. Judge Doak is also allowing an alternative charge of maiming, punishable by up to 7 years in prison.
Rinken's Oklahoma assault lawyer previously stated that the more serious assault charge was an inflated charge that wasn't warranted by the circumstances, calling the officer's injuries the unfortunate result of a typical "bar fight that got out of hand."
The Oklahoma defense attorneys for the three accused men saw a minor victory when Judge Doak threw out a count of conspiracy to commit assault and battery on a police officer. Prosecutors have said they will appeal the judge's decision on the conspiracy count.
Judge Doak has not yet ordered trial pending the appeal.
Teenager Charged with Child Sexual Abuse in Tulsa County
Oklahoma Lewd Acts with a Minor Charges for Tulsa Teen
A teenager accused of making indecent proposals to a minor in Oklahoma was charged last week with two counts of sexually abusing a 7-year-old boy. According to an affidavit filed in Tulsa County District Court, 17-year-old Brock Henderson is accused of asking a child he was babysitting to touch his genitals and perform oral sex. Allegedly, the boy did touch the older teen inappropriately, but refused to perform oral sex.
The 7-year-old told his mother of the alleged sexual abuse in March, and she reported the incident to police. Tulsa Police say the teenager, a football player with Union High School in Tulsa, admitted to the abuse, saying it occurred the last time he babysat for the boy. Charging documents allege that the two incidents occured between October 1, 2010, and March 3, 2011.
On Wednesday, May 5, Oklahoma child sex abuse charges against Henderson were filed in Tulsa County District Court, and a warrant was issued for his arrest.
If the teenager is convicted of lewd acts with a minor in Oklahoma, he will be required to register as an Oklahoma Sex Offender for the rest of his life.
Need for Oklahoma Sex Crime Defense Clear
Reader reaction to a story in the Tulsa World about the allegations against the teen are mixed. On one hand, Oklahomans are outraged about the molestation of a child. Others contend that the accused is an otherwise "good kid," and caution against a rush to judgment, saying that the allegations could ruin the lives of both boys.
For anyone accused of child sexual abuse, it is imperative to proceed with immediate representation from a qualified Oklahoma sex crime defense lawyer. Public judgment is swift, but legal judgment has a longstanding, life-altering impact. Penalties for lewd or indecent acts with a minor in Oklahoma include:
- 25 years to life in prison if the victim is under the age of 12
- Lifetime probation and compliance with the Oklahoma Sex Offender Registration Act
When the defendant is himself (or herself) a child, conviction of a juvenile sex offense seems to be a no win situation. With competent legal counsel from an experienced criminal defense attorney in Oklahoma, however, the accused is afforded a fair trial with the best possible result.
OK Appeals Court Overturns Murder Convictions of Two Women
An Oklahoma City woman and a Shawnee woman each saw their murder convictions overturned last week by the Oklahoma Court of Criminal Appeals. Oklahoma criminal defense attorneys for the women cited judge error and ineffective counsel, respectively, as grounds for the appeal.
On Wednesday, May 4, 2011, the Oklahoma Court of Criminal Appeals overturned the2009 homicide conviction of Kassie Lakei Bills, 29, of Oklahoma City. Bills was convicted of the 2007 murder of 24-year-old Shequiea Thompson. Bills admitted to police that she shot and stabbed Thompson, a friend of the defendant, during an argument. Her Oklahoma County criminal lawyer contended at trial that Bills was insane at the time of the killing, but jurors failed to accept the strategy, finding Bills guilty of first degree murder. Bills was sentenced to life in prison without the possibility of parole.
As part of her appeal, Bills and her defense lawyer argued that Oklahoma District Court Judge Ray C. Elliot gave improper instructions to the jury before deliberation. The Oklahoma Court of Criminal Appeals agreed that Judge Elliot was mistaken in urging the jury to reach a decision quickly.
Judge Elliot instructed jurors, “When you get up there, and if one of your fellow jurors starts to stray off, gets far outside of this narrowly defined responsibility, the other 11 of you have got to go, ‘Wait a minute, let's go, we don't want to be up here all day, all week, all month, all year.'” He called jurors who did not agree with the majority "hardheaded."
The appeals court said that Oklahoma law requires that jurors be deliberate in reaching a verdict, taking as much time as needed to reach a fair and legal decision. Furthermore, jurors are urged not to set aside their honest opinions merely for the sake of reaching a verdict.
In the second appeal, Twilia Renae Wise, 33, of Shawnee was granted a new trial after the Oklahoma Court of Criminal Appeals found that she received ineffective counsel at her 2009. Represented by Oklahoma defense lawyer Bill Roberson, Wise was found guilty of first-degree murder and sentenced to life in prison.
Wise was convicted of the beating death of Wanda Jackson, 62, of Meeker. Wise and three other suspects were accused of breaking into Jackson's home at the urging of William Dean Brame, 43, Jackson's former son-in-law. Brame wanted the assailants to assault his ex-wife, but when she wasn't at the home, they bound and beat Jackson, who died of her injuries. Brame pleaded guilty to first-degree burglary and received a sentence of 20 years in prison. Wise's accomplices received sentences similar to Brame's, with her punishment far exceeding theirs.
District Attorney Richard Smotherman said he plans to retry Twilia Wise on the same charge.
For more information on criminal appeals, contact a criminal defense attorney in Oklahoma.
Oklahoma Criminal Record Checks Online
Accessing public records used to be a time consuming venture, requiring the searching individual to appear in person at the courthouse or records department, fill out paperwork, and make formal request for copies on any such record. With the internet, public records are only a click away. Whether requesting an official copy of a person's criminal history for an employment background check or simply satisfying one's curiosity, the internet provides quick and simple access to one's Oklahoma criminal record.
For fathers checking out their daughters' prospective boyfriends, online criminal record checks are a source of reassurance. For individuals with criminal records or arrest records, public online access to these records means one may be continually haunted by a single blemish on an otherwise clean record, or attempts to gain a fresh start may be foiled by a criminal record in the distant past.
Fortunately for those plagued by an arrest, misdemeanor conviction, or criminal charge, Oklahoma expungement laws make it possible in certain circumstances to purge an arrest record or seal a record from public view.
While not every conviction is eligible for expungement, there are several common circumstances in which record of an arrest or conviction may be purged or sealed. Perhaps the most common is an expungement after completion of a deferred sentence. In this situation, a defendant pleads guilty to the offense, but the judge suspends sentencing pending completion of probation. If the defendant successfully complies with the terms of the probation, he or she may withdraw the initial guilty plea and have it expunged.
Other situations for which one may be eligible to clear an arrest record in Oklahoma include:
- Acquittal of charges (found not guilty at trial)
- Juvenile offenses which have received full pardon
- Proven factually innocent (through DNA evidence, for example) subsequent to conviction
- Conviction overturned on appeal
- Arrested but no criminal charges are filed
- Arrested but charges dismissed within one year of the arrest
- Misdemeanor conviction with no subsequent felony or misdemeanor convictions or pending charges after at least 10 years have passed since the initial conviction
- Nonviolent felony conviction with full pardon, no subsequent felony or misdemeanor convictions, and no pending charges after at least 10 years have passed since the initial conviction
The extent of the expungement depends on various circumstances. For example, certain types of expungements seal the record from public view, but the arrest record remains on file with the Oklahoma State Bureau of Investigation (OSBI). If you are troubled by a criminal record or arrest record, contact an Oklahoma expungement lawyer who can help determine your eligibility for expungement. If you qualify for either type of expungement in Oklahoma, the attorney can pursue your quest for a clean record.
Former Superintendent Charged with Embezzlement in Oklahoma
Last week, a former superintendent for Pauls Valley schools was charged with ten counts of mishandling district funds. After Oklahoma embezzlement charges were filed, local police arrested Bobby Don Russell, 60, without incident at a traffic stop. After his arrest, Russell was booked into the Garvin County jail pending $20,000 bail. It is not known whether he has retained an Oklahoma criminal defense lawyer.
Though court documents and criminal charges accuse Russell of embezzling more than $44,000 in Pauls Valley school district funds, a probable cause affidavit alleges the amount of misappropriated funds could exceed $80,000. Russell is alleged to have embezzled the money between February 2009 and July 2010. He resigned as superintendent of Pauls Valley schools in August.
According to court documents and local news reports, Bobby Don Russell embezzled funds through false payments, appropriating checks to the district for his personal use, and false reimbursement claims. He is charged with four counts of embezzlement and six counts of obtaining money by false pretense. His Oklahoma white collar crime charges are the result of the following embezzlement or misappropriations:
- Two checks totaling $5902 paying his wife for summer school classes she did not teach
- Four falsified reimbursement claims totaling $10,012 for payments Russell claimed to make to a nonexistent educational software company, and audio equipment company, another school district, and to purchase district supplies
- Using two district checks totaling $23,000 for his own use
- Using two checks to the district from Elmore City-Pernell schools, totaling $5454, for his own use
Though a probable cause affidavit alleges Russell to have embezzled more than $80,000 in school district funds, approximately $35,000 of that amount is unaccounted for in charging documents. Pauls Valley police did not specify how Russell is alleged to have used the misappropriated school funds.
Embezzlement in Oklahoma is a felony punishable by a maximum of ten years in prison, up to $10,000 in fines, and restitution for all improperly obtained funds.