Conspiracy to Commit Burglary
A charge in Oklahoma against our client for Conspiracy to Commit 1st Degree Burglary was dismissed today in Johnston County Court.
1st Degree Burglary
1st Degree Burglary charges against our client were dismissed today in Johnston County Court. If you need a successful Oklahoma criminal defense lawyer on your side, contact Phillips & Bailey.
Charges Not Expected for Oklahoma Woman Who Shot Intruders
The woman who shot two teenage intruders, one fatally, at her home in Midwest City last week is not expected to face charges, according to Midwest City Police Chief Brandon Clabes. While a report on the shooting will be sent to the district attorney's office, the Chief of Police says that it appears that the shooting was legal, and that the woman was within her rights under Oklahoma's "Make My Day" law. She will not likely face charges of homicide or shooting with intent to kill in Oklahoma.
In the incident, two 15-year-old step-brothers kicked in the door of the woman's home last Thursday morning, and attempted to steal her flat-screen television while a 17-year-old friend acted as lookout. The noise awakened the woman, who was at the home with her two young children. When the woman found the intruders in her living room, she fired at them, shooting both. Marquis Lee Patterson died at the scene, and his stepbrother, Dewayne Edward Kemp, fled with a gunshot wound to the stomach.
Because Patterson's death occurred during the commission of a felony, Kemp and the lookout, DeAungelo Quiae Johnson, have been charged with first-degree murder. Although none of the teenagers appeared to be armed, under Oklahoma law, anyone who commits a felony during which a death occurs may be charged with murder. According to Chief Clabes, "It really makes no difference whether they were armed or not; they were committing a felony." Johnson is being held without bail in the Oklahoma County Jail, where Kemp will be transferred when he is released from the hospital. Despite the fact that neither young man was armed, they will be charged with the Oklahoma violent crime.
Oklahoma's Make My Day law was enacted in 1987. According to Senator Charles Ford (R) who fought for the bill, "The purpose of the law is to protect the victim of crime who defends his home and his family against unlawful intrusion from any criminal prosecution or civil action. We considered it outrageous that someone who protects his home and family should suffer. Our law says you can use any force, including deadly force, to defend your home."
Prior to the legislation, homeowners were only allowed to use like force in the defense of their families and property. For example, if an intruder was armed with a knife, the homeowner would not be able to use a firearm to protect themselves and their property. Lethal force, therefore, would only be legal and justified in defense against an armed burglary in Oklahoma.
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.
Application to Revoke Probation and Victim’s Protection Order
Oklahoma City Criminal Defense Attorneys from Slane and Phillips were able to have 3 separate cases dismissed this past week in Oklahoma County Court. These included:
- Victim's Protective Order - DISMISSED
- 2nd Degree Burglury:
Application to Revoke Defendent's Probation - DISMISSED - Driving Under the Influence (DUI):
Application to Revoke Defendent's Probation - DISMISSED
Distribution of a CDS and Grand Larceny
The Oklahoma criminal defense lawyers of Slane and Phillips were successful in having 2 separate cases dismissed within the past couple of weeks. The first case involved a charge of Distribution of a Controlled Dangerous Substance (CDS) in Seminole county, Oklahoma. The other was a Grand Larceny case in Roger Mills county, OK.