Victim’s Protective Order
The criminal defense lawyers at Phillips and Bailey were able to have a Victim's Protective Order dismissed today in Cleveland County Court.
Top Oklahoma Crime Stories of 2011
As 2011 draws to a close, stories of the "top" items of the year seem to be everywhere: top celebrity news, top famous deaths, top movies, top news stories, and more. There are even lists describing the worst of the year. With the old year ending and the new year quickly approaching, Oklahoma criminal defense attorneys look back at some of the biggest crime news this year in the state. Unfortunately, it seems that many of the most heinous crimes took place at the end of the year. Though most crimes never make headlines, these are a few of the stories that captured public interest and remained leading stories for much of the year.
In no certain order, here are a few of the Top Oklahoma Crime Stories of 2011:
- The Jerome Ersland Murder Trial - Pharmacist Jerome Ersland was charged with homicide and convicted for the murder of Antwun "Speedy" Parker, a 16-year-old attempting to rob the Reliable Discount Pharmacy. Ersland was charged after prosecutors say that his actions went beyond self defense, claiming he shot the robber five additional times after the teenager was incapacitated. Ersland's trial was fraught with confusion and complications before he was eventually convicted this year and sentenced to life in prison. Ersland's Oklahoma City defense lawyer is appealing the conviction.
- The Maiming of Officer Chad Peery - Off-duty Oklahoma City police officer Chad Peery was at a local bar and grill when he was asked by bartenders to help with some unruly customers. As Peery was escorting the men from the premises, he was severely beaten, causing paralyzing injury. Joshua Rinken, Jimmy Smith, and Cadmio Lopez were charged with assault and battery by means of force as is likely to cause death, an offense whose punishment carries a sentence of up to life in prison. Rinken and Smith are accused of physically injuring Peery, while Lopez is accused of preventing others from intervening on the officer's behalf. Though his Oklahoma City assault lawyer asserted that Lopez was innocent of any wrongdoing, Lopez pleaded guilty in November. He will be sentenced in January. Rinken and Smith are scheduled to stand trial early in 2012.
- Arrest in the Murder of "The Weleetka Girls" - The 2008 murders of 11-year-old Skyla Whitaker and 13-year-old Taylor Placker in Weleetka, Oklahoma, seemed in danger of remaining unsolved until another murder this year uncovered evidence tying the suspect to the Weleetka murders. When Kevin Sweat was arrested for the murder of his fiancee Ashley Sweat, an investigation found shell casings and a receipt for a gun that connected him to the killings in Weleetka. Sweat allegedly admitted to killing the girls, but on December 13, he remained silent at a hearing, causing the judge to enter a not guilty plea on his behalf. Because of the high-profile nature of the case, Sweat's Oklahoma defense attorneys have asked the judge to issue a gag order. A ruling on the gag order will be made January 3.
- Serenity Deal Murder and the Ongoing DHS Scandals - Five-year-old Serenity Deal was beaten to death less than a month after being placed in the custody of her father, despite earlier evidence of severe abuse. Her father, Sean Brooks of Oklahoma City, pleaded guilty to first-degree murder and was sentenced to life in prison. Brooks will not be eligible for parole until he is 70 years old. He waived his right to appeal. Serenity's death is the latest in a string of child abuse deaths, beginning with the killing of 2-year-old Kelsey Smith-Briggs in 2005, that have demonstrated questionable judgment by DHS authorities and have launched a call for strong DHS reform.
- Carina Saunders Murder - The Saunders murder case first came to Oklahoma headlines when a dismembered body was found in a duffel bag in a field beside a Bethany Homeland store. The body was later identified as 19-year-old Carina Saunders, who had been missing for several days. A botched drug deal led to the arrest of Jimmy Lee Massey, who, through police interviews, was determined to have had a role in Saunders death. Allegedly, Massey kidnapped a young woman and took her to a room where she was forced to watch as Saunders was tortured. She was made to believe that the same thing would happen to her if she did not cooperate with a human trafficking operation. Police have also arrested Francisco Gomez on drug charges, and believe he has crucial information about Carina Saunders's death. Investigators believe that these arrests will lead to many more in connection with a sweeping drug trafficking and human trafficking scheme.
Though these are certainly not all of the major crime stories of the year, they are a few that have gripped media attention across Oklahoma. As 2011 winds to its end, we reflect on some of the leading news of the year and hope for a peaceful and prosperous 2012.
Plan Carefully to Avoid Holiday DUI in Oklahoma
With the holiday season in full swing, Oklahoma DUI defense attorneys are beginning to see a surge in alcohol related driving offenses. Though driving under the influence is a common offense, it is fully avoidable if people plan ahead to use designated drivers, hire taxi cabs, or call an organization offering a safe ride home, such as AAA's "Tipsy Tow" service.
Driving under the influence is dangerous not only to the intoxicated driver but also to others on Oklahoma roadways. An Oklahoma DUI arrest can come after a routine traffic stop, a traffic stop specifically for suspicion of DUI, a sobriety checkpoint, or after an alcohol-related crash. The last example may involve criminal charges and civil litigation beyond the DUI charge. If you are arrested for DUI in Oklahoma, you face serious consequences if convicted:
- First Offense DUI: Misdemeanor punishable by ten days to one year in jail and a fine of up to $1,000
- Second Offense DUI (within ten years of the first): Felony punishable by one to five years in prison and a fine of up to $2,500
- Third Offense DUI: Felony punishable by one to twenty years in prison and a fine of up to $5,000.
In addition to fines and jail or prison time, a person convicted of DUI in Oklahoma may also be subject to driver's license suspension, probation, community service, alcohol treatment and monitoring, and ignition interlock.
Other circumstances of the DUI arrest and conviction may lead to enhanced charges. For example, if a driver is found to have a blood alcohol concentration (BAC) of o.15 or greater, he or she will be charged with aggravated driving under the influence which carries additional penalties. If an Oklahoma DUI conviction follows a previous conviction involving a DUI-related death (first degree manslaughter, negligent homicide, or second degree murder), the penalty includes five to twenty years in prison and a fine of up to $10,000.
DUI is prosecuted aggressively in Oklahoma because the consequences of DUI can be deadly. Prosecutors often feel that harsh sentences will serve as a deterrent to driving under the influence. In 2010, there were 245 DUI fatalities in Oklahoma, an increase of more than 17% over the preceding year. In the five years from 2006 to 2010, DUI in Oklahoma County alone led to 117 deaths. Alcohol-related driving deaths are more likely to occur during Christmas and New Year's Eve than at any other time in the year. According to the U.S. National Institute on Alcohol Abuse and Alcoholism (NIAAA), forty percent of holiday roadway fatalities are the result of an intoxicated driver--a twelve percent increase over the rest of the year.
We encourage you to find a safe and responsible holiday. However, if your holiday cheer lands you behind bars facing an Oklahoma DUI or other alcohol related offense, contact Phillips and Bailey to speak with an Oklahoma City DUI lawyer who can handle your defense.
Domestic Abuse, Assault and Battery
A Domestic Abuse, Assault and Battery case represented by the Oklahoma Criminal Defense Attorneys at Phillips and Bailey was dismissed in Cleveland County Court earlier today.
Two Men in Custody in Gruesome Murder in Bethany Oklahoma
The killing of 19-year-old Carina Saunders, whose dismembered body was found in a duffel bag behind a local grocery store, terrified citizens of a small Oklahoma City-area town and stumped investigators. Now two men arrested on drug complaints have been implicated in her death. Police believe that these arrests are the beginning of many to follow as they crack connected drug trafficking and prostitution rings. Being held in connection with Saunders's death are Jimmy Lee Massey, 33, and Francisco Gomez, 31. Both men were arrested on illegal drug trafficking complaints.
Carina Saunders name first made headlines when she was identified as the victim of a horrendous killing. She was reported missing to Oklahoma City police and had last been seen on October 8 or 9. On October 13, animal welfare workers managing a colony of feral cats in a field behind a Bethany Homeland store discovered a duffel bag containing human remains. Saunders was identified on October 17 using dental records.
Initially, two young men were considered persons of interest in the killing, but both were cleared. The first, Kyle Tweed was quickly cleared after he went to police to "clear his name." Cody Perez, 21, was suspected in connection with Saunders's death after family members mistakenly identified the victim as a girl he had brought home. Through a series of coincidences, Perez, a culinary arts student, built suspicion against himself as he sold his knives and left town the day after Saunders was last seen alive. Oklahoma City criminal defense lawyers note that circumstantial evidence means little, even when a person's guilt seems assured in media reports.
Eventually, there was a break in the case, which was being handled by the Bethany Police and the Oklahoma State Bureau of Investigation (OSBI) with support from the Federal Bureau of Investigation (FBI). Jimmy Massey was arrested after a bad drug deal, in which a man who sold methamphetamine to the suspect went to police in fear for his safety after Massey refused to pay $7,500 for the drugs. During the questioning of Massey, he admitted to having information about the Saunders murder, and a search warrant was obtained for a cell phone that had text messages related to the killing. Massey also implicated Francisco Gomez in the killing, and Gomez was arrested on complaints of drug trafficking and failure to pay child support.
It is not clear whether either man has hired an Oklahoma City criminal lawyer to represent him.
Massey's interview with police has revealed new information about the Saunders case, and an unnamed person has told authorities that she was a witness to the murder.
The witness told police that on October 9, she was forced into a car, blindfolded, and taken to an undisclosed location where she was forced to watch as Saunders was tortured and killed. She was told that the same thing would happen to her if she did not cooperate as demanded in a human trafficking operation. Massey admitted that he abducted the witness and took her to the murder scene.
Authorities believe that the arrests of Massey and Gomez are the first in a series of arrests they anticipate as they break open the drug and human trafficking rings in which the two men are suspected of being involved.
Two Men Sentenced in Oklahoma Tax Credit Fraud Scheme
Oklahoma white collar crimes lawyers defend clients accused of embezzlement, identity theft, and fraud. White collar crimes--those which deal with commercial and financial enterprise--cover a vast array of activity. Even "fraud" may be perpetrated in a number of ways, and white collar defense attorneys must be equipped to handle the details of each unique case. Some examples of fraud include:
- Mail fraud
- Wire fraud
- Mortgage fraud
- Bankruptcy fraud
- Medicare fraud
- Medicaid fraud
- Insurance fraud
- Tax fraud
Falsifying information, giving false information, or withholding information on applications for benefits or financial aid is illegal. Whether one conceals assets in filing bankruptcy or files false medical claims to receive insurance compensation, fraud is prosecuted aggressively and often by the federal government rather than state government. Those charged with fraud in U.S. District Court should find an Oklahoma fraud lawyer who is also an experienced federal criminal defense attorney.
Two Oklahoma businessmen, formerly of Norman, Oklahoma, have learned over the last couple of years just how seriously the federal government takes fraud. Larry C. Shaver, 65, and Lewis Patrick Colbert, 65, along with colleague Howard Michael Wampler, were indicted by a Grand Jury in May 2009 on charges of fraud and conspiracy to commit fraud. Shaver and Colbert, the CEO and CFO of McSha Properties, respectively, were sentenced last week after they pleaded guilty in September. Shaver has been sentenced to 30 months in prison and has paid more than a million dollars in restitution United States Treasury. Colbert has been sentenced to 24 months and has paid more than $330,000 in restitution.
Shaver pleaded guilty to conspiracy and to knowingly depositing crime proceeds. Colbert pleaded guilty to conspiracy. In the fraud scheme, Shaver and Colbert, along with Wampler, McSha's Vice President in Charge of Construction, are alleged to have created millions of dollars in false invoicing to inflate tax credits for low-income housing. They are accused of using the credits to obtain financing when was then misappropriated to personal use.
White collar crimes have a notoriously high conviction rate in federal courts. This is often because any investigation into illegal financial dealings is generally carried out by highly specialized federal agencies such as the IRS, the FBI, or the SEC. When charged with a federal crime, one needs quality legal defense from an Oklahoma white collar crime attorney who is experienced in federal court and is fully equipped to take on the United States District Attorney prosecuting the case and to challenge the evidence obtained in a federal investigation.
University of Oklahoma Professor Accused of Child Sex Abuse
While much of the nation is focused on the Penn State University sex abuse scandal involving Jerry Sandusky, one of Oklahoma's top universities is also dealing with the indignity of child sex abuse allegations. University of Oklahoma associate professor Dwain Pellebon, 54, has been arrested on two complaints of rape and one complaint of lewd acts with a minor in Oklahoma.
Pellebon was booked into Cleveland County Jail on Friday and released on bail. He has not been charged with any criminal offense, but according to Norman police Captain Tom Easley, the professor is the subject of an ongoing investigation. Meanwhile, he has been placed on paid administrative leave by the University of Oklahoma, where he is an associate professor at the OU School of Social Work. According to OU spokeswoman Catherine Bishop, Pellebon's status could change to unpaid administrative leave, depending on the details of the investigation. Prior to being placed on administrative leave, Pellebon was on family and medical leave.
Details of Pellebon's alleged conduct have not been released.
It is important to remember, especially in sex abuse cases, that an accusation of child sexual abuse is not an indication of guilt. One may be accused, arrested, and even charged based on any number of false allegations or complaints. Oklahoma lewd acts defense attorneys work diligently to protect the rights of the accused throughout the criminal justice process, from investigation through trial and post-conviction appeals if necessary. It is the constitutional right of every American to be held innocent unless proven guilty, to receive a fair trial, and to face his or her accusers.
In the Jerry Sandusky case, the accused and his sex crime defense attorney abruptly waived the right to confront the accusers at a preliminary hearing Tuesday. Originally, Sandusky and his attorney Joe Amendola said they would not waive the hearing, at which Sandusky's accusers were set to testify. However, Sandusky, Amendola, and another attorney, Karl Rominger, arrived at the courthouse the morning of the scheduled hearing, went into judge's chambers, and waived the hearing.
After some curious moves by the defense in the Sandusky case, including a questionable media interview that seemed to jeopardize the defense, criminal defense lawyers in Oklahoma and around the nation are keeping a close eye on the developments in the Penn State sex abuse scandal and trial of Jerry Sandusky.
Suspect Charged in 2008 Weleetka Slayings
The 2008 shooting deaths of two young girls in a small Oklahoma town riveted people across the state. The randomness of the crime rattled the town of Weleetka, Oklahoma, a small town with fewer than 1,000 citizens. Best friends Taylor Paschal-Placker, 13, and Skyla Whitaker, 11, were shot a combined thirteen times only a few hundred feet from the Placker home as the girls returned from a walk.
For two and a half years, the slayings were unsolved, making the case one of Oklahoma's most notorious unsolved murders. Now, however, a suspect has been named and charged in the deaths of "the Weleetka girls." Kevin Sweat, 25, of Henryetta, was charged with first degree murder for the killings of the two girls after evidence linking him to the crime was found during an investigation into another murder with which Sweat is charged.
Kevin Sweat was charged with the murder of his fiance, Ashley Taylor, 23. Ashley was last seen on July 15, 2011, when she told family members she was going to Louisiana to marry Sweat. She was reported missing on July 29 when no one had heard from her. Sweat was arrested in late July and admitted to killing his fiance. Though he told authorities that he cut her throat and pushed her into a lake, her charred remains were found on property belonging to Sweat's father.
During the search of the property, investigators found shell casings that matched those found at the crime scene of the Weleetka murders. Sweat admitted to killing the girls, saying that two "monsters" were approaching him, and he panicked and shot them.
Sweat, who is already being held without bond for the killing of Ashley Taylor, has now been charged with the deaths of Taylor Paschal-Placker and Skyla Whitaker. For many Oklahomans, this is the beginning of a gaining a sense of closure for one of the state's most unsettling crimes, a crime which shook a small town's sense of safety and took the innocence of the roughly 500 students in the Weleetka school district.
Because this is such a high-profile case, Sweat's Oklahoma criminal defense attorney will have to work hard to ensure a fair trial for his or her client. Whether Sweat's claim that the girls were "monsters" is a calculated plan for the insanity defense by a sociopath or the true belief of a deranged mind, his attorney will have to carefully evaluate all evidence for the best possible defense and will have to work diligently to find an impartial jury. High profile cases that have constant media attention can be a challenge for any attorney, but an experienced Oklahoma defense lawyer can handle the media and the controversy and work to ensure the best outcome for his or her client.
Recent Beatings Bring Attention to Oklahoma Violent Crime
Domestic violence in Oklahoma is a continuing problem. Each year, the state ranks among the nation's highest in the number of women killed by men. As recently as 2008, Oklahoma was ranked fourth in this nefarious distinction. Two recent criminal cases place attention on the problem of domestic violence and violent crime in Oklahoma.
Last Friday morning, 40-year-old Ava King was found bleeding in an alley. She was taken to a hospital where she succumbed to her injuries shortly thereafter. Later that day, Benjamin Joel Andre Littlesun, 22, was arrested in connection with her death. According to court records, Littlesun told investigators that he met King at a bar and that they went to his truck to continue drinking. He claims that after a sexual encounter, King left the pickup and went into an alley. Littlesun says he followed the woman to offer her a ride home, but she spit in his face and slapped him. The man admitted to authorities that he severely beat King, stomping her and kicking her in the face and head at least 20 times.
In an unrelated incident, an Altus woman is in critical condition with severe injuries to her face and head after allegedly being beaten by her husband. Sandy George, 43, was taken to OU Medical Center with injuries including a broken jaw and fractured skull. Her husband, Jerry Blaine George, also 43, was arrested and jailed on $250,000 bond.
Oklahoma domestic violence may be charged as either a misdemeanor or felony, with legal penalties including up to four years in prison and a $5,000 fine. Penalties may be enhanced if the victim is pregnant at the time of assault or if the assault is conducted in the presence of children. Additional criminal charges may be filed depending on the severity of the crime. For example, if the victim dies of her injuries, the perpetrator will be charged with homicide.
In an effort to minimize Oklahoma's dubious distinction of being one of the top states for domestic violence and violence against women, district attorneys vigorously prosecute these crimes. For those accused, finding an experienced Oklahoma domestic violence lawyer should be top priority. A criminal defense attorney is the first step in protecting one's rights, including the right to avoid unreasonable search and seizure and the right to a fair trial. For more information, contact the Oklahoma City violent crime lawyers at Phillips & Bailey.
Oklahoma Sexual Battery Complaints Against Edmond Doctor
A physician has been arrested on four complaints of sexual battery in Oklahoma County after six women reported that the doctor sexually assaulted them. After the women, current and former employees of the Best Care Medical Center in Edmond, went to police, a warrant was issued for the arrest of Dr. Medhat Michael, 52, of Oklahoma City. Michael turned himself in to the Oklahoma County Jail on December 2 and was released on $40,000 bail.
According to the women's complaints, the doctor sexually harassed them, making inappropriate, unprofessional comments and touching and groping them. Dr. Michael, who has not been charged, refuted his accusers as making false allegations of sexual abuse. Investigators, however, are looking into the possibility that other women may be involved, including patients, and are urging them to come forward if they feel they were victimized by the Edmond physician.
In Oklahoma sexual battery is a vaguely defined sex offense. Essentially, sexual battery is any unwanted physical contact that occurs for the sexual gratification of the perpetrator. Without precise definition of what constitutes sexual battery, it is an easy charge for prosecutors to file against someone whose actions--or perceived actions--do not fall under the definitions of rape, lewd acts, or sodomy. However, this vague definition also gives an Oklahoma sexual battery defense lawyer the tools he or she needs to build reasonable doubt.
In order to obtain conviction for a sexual battery charge, prosecutors must demonstrate that the defendant (1) touched the alleged victim without his or her consent, and (2) that the intent of the touch was sexual in nature. If, for example, a person inadvertently brushes against the breast or buttocks of another person in a crowd, he or she is not guilty of sexual battery. Although the touch in this instant may have been uncomfortable for the the person who was bumped into, and although that person did not consent to being bumped into, there was no intent to touch and the physical contact was not initiated for sexual gratification.
It is not uncommon to see football players slap one another on the buttocks in congratulations during a game. Although one player does not expressly consent to having his rear patted, this is not seen as sexual battery, as there is no sexual intent. It is a common gesture in sports, and therefore, not considered sexual battery. Slapping the backside of a co-worker in the office break room, however, is not considered a commonly accepted practice. It is not only considered inappropriate, but can also lead to professional sanctions as well as criminal charges.
Punishable by up to ten years in prison and lifetime registration as an Oklahoma sex offender, sexual battery is a serious felony offense. For those accused of sexual battery or other sex offenses, an Oklahoma sexual battery lawyer is vital for successful defense.