Oklahoma Judge Rules Life Without Parole in Fatal Beating of Toddler
Oklahoma City criminal defense lawyers see all kinds of allegations and crimes during their careers. Among the most heartbreaking are crimes against children. Abuse against children, particularly at the hands of a caregiver, incites public outrage and is punished harshly in the criminal justice system.
An Oklahoma County judge last week exemplified that outrage when she sentenced Herman Marzelo Vail Bailon, 34, to life in prison without the possibility of parole in the 2008 beating death of his girlfriend's 2-year-old daughter. Bailon pleaded guilty to first-degree murder and asked for a 30-year term at his sentencing, but the judge ruled that the severity of the child's injuries warranted a harsher sentence. Judge Tammy Bass-LeSure said that a life sentence alone would have made Bailon eligible for parole when he was 70 years old; she felt that the attack was so violent that Bailon should never be released, and therefore sentenced him to life without parole. Bailon's Oklahoma City defense attorney requested that the judge consider Bailon's poverty-stricken upbringing in war-torn Guatemala in her decision, but she was unmoved.
At the time of the incident, Bailon was watching his girlfriend's two young children, aged 2 and 3, and his own infant son at an Oklahoma City motel while his girlfriend was at work. While she claimed to be working two jobs, Bailon's Oklahoma criminal lawyer alleges that there is evidence that she was actually seeing another man when she was supposedly at the second job. Frustrated at being left to care for the children and suspicious of his girlfriend's neglect, Bailon admits he took out his anger on the children. Bailon admitted to police that when the 2-year-old refused to eat lunch, he repeatedly slapped her before throwing her to the ground and kicking and stomping her. The girl died from head injuries sustained in the attack. Bailon said that, at the time of the abuse, he was in a rage and wasn't thinking; however, he admits that he abused the child at other times prior to her death.
The girl's mother, Elizabeth Nicole Guerrero, 29, is serving a 20-year sentence for permitting child abuse after admitting that she should not have left her children in Bailon's care, knowing he was a threat to them.
Prosecutors and criminal defense lawyers deal with horrifying crimes on a daily basis, but none is more gut-wrenching than the death of a child at the hands of an abusive caregiver. Both the prosecution and the defense bear the weighty responsibility of fighting to ensure that justice is served.
Woman Arrested in Midwest City Domestic Dispute Has Lengthy Arrest Record
People often have a stereotypical image of domestic abuse being violence against women; however, this is not always the case, as evidenced by last week's domestic assault arrest of a Nicoma Park woman in Midwest City. Kathleen Edith Dartez, 46, finds herself needing the services of an Oklahoma domestic violence defense attorney after she allegedly hit her ex-boyfriend with her truck outside his home.
Witnesses report that Dartez showed up at her ex-boyfriend's home at the Hilltop Trailer Park in Midwest City, where she crashed her pickup into a car and a motorcycle in his driveway. According to witness, her ex-boyfriend ran to her truck and yelled at her to stop. Instead, she rammed her truck into him, flipping him into the air before he landed on the ground, striking his head and knocking him unconscious. He was treated and released from Integris Baptist Medical Center.
Dartez was jailed on a complaint of domestic-related assault and battery with a dangerous weapon. Under Oklahoma law, the definition of a "dangerous weapon" is vague and can mean not only typical weapons such as guns and knives, but also any item a person may use to intentionally harm another--for example, a pickup truck. While Oklahoma domestic violence complaints may be charged as either misdemeanors or felonies, assault and battery with a dangerous weapon is a felony punishable by up to 10 years in prison on the first offense.
Dartez is no first-offender, however. She has prior Midwest City arrests for assault and drug possession, and she was convicted of DUI in Oklahoma County in 2006.
Oklahoma's domestic violence rates are among the highest in the nation. The Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) reports that 5,500 adults and 2.650 children received domestic violence services. They further report that intimate partner violence occurs in one out of every six couples in Oklahoma. Drugs and alcohol are often a factor in such violence: a 2000 report by the Oklahoma County Arrestee Drug Abuse Monitoring (ADAM) program found that 77 percent of men and 47 percent of women arrested on domestic violence charges tested positive for one or more drugs at the time of arrest. In fatal domestic violence cases, 60% of perpetrators were known to habitually use alcohol or drugs, and 45% of victims and 41% of perpetrators were intoxicated at the time of the homicide.
These statistics may be startling to many people, but the Oklahoma criminal defense attorneys who deal with these cases on a regular basis are not surprised by the numbers of cases or the correlation between domestic violence and drug and alcohol abuse.
Oklahoma City Man Arrested on Domestic Abuse and Gun Possession Complaints
Last week, Oklahoma City police responded to a domestic violence call in southwest Oklahoma City. The call alleged that a man hit his girlfriend's 3-year-old child in the head with the butt of a shotgun. When police arrived on the scene, however, they found that the child had no visible injuries. While they found no evidence of child abuse, police discovered the child's mother with marks on her neck and a bloody lip. Through the investigation, police determined that there had indeed been a domestic altercation between the suspect, Mario Flores, 23, and his girlfriend.
According to the complainant, Flores accused the woman of infidelity. He then allegedly armed himself with a shotgun, choking her with one hand and holding the gun in the other. She alleges Flores threatened to kill her, threw her to the floor, and kicked her.
Flores, a convicted felon, was ultimately arrested for domestic abuse by strangulation and possession of a firearm during the commission of a felony. Additionally, police determined that the shotgun Flores was carrying was stolen, and he faces additional charges of possession of a stolen firearm and possession of a firearm after former conviction of a felony.
If convicted of the crimes of which he has been accused, Flores faces significant jail time. Under Oklahoma law, domestic violence is a felony that carries a sentence of up to four years in prison and fines up to $5000. Possession of a firearm while in the commission of a felony carries a sentence of up to 10 years for the first offense and up to 30 years for the second offense. Possession of a firearm after former conviction of a felony also carries up to 10 years in prison.
Flores will need an experienced Oklahoma criminal lawyer to help him navigate the domestic violence and firearm possession charges that he will face. An experienced domestic abuse lawyer will look at the facts of the case and the credibility of the witness, noting the false allegation of child abuse that originally called police to the residence.
Domestic Abuse Assault and Battery
We represented a client in Tulsa County, Oklahoma court who was charge with Domestic Abuse Assault & Battery. Today, because of our efforts, that case was dismissed.
Mother Found Not Guilty in Oklahoma Child Abuse Death
Last week, jurors found Heather Trask not guilty in the 2006 death of her 6-month-old daughter. Trask had been charged with first degree murder for allowing the child abuse that led to the baby's death. The baby's father, Jonathan Trask, was convicted of first degree murder in 2008 for causing the injuries that killed his daughter.
The prosecution claimed that Heather Trask was also responsible for her daughter's death because she allowed her child to be abused. However, according to her Oklahoma defense attorney, Trask was unaware that her daughter was being abused and believed the lies her husband told to explain the baby's injuries.
After deliberating for six hours, the jury found that there was insufficient evidence to convict Heather Trask of first degree murder. According to her criminal defense lawyer, the only "evidence" against Trask was the lack of emotion she appeared to show when confronted with the news of her child's death and when questioned by police. Her defense asserted that Trask was in shock, not only from the death of her daughter, but from losing custody of her 18-month-old son only hours after her daughter's death. The defense team argued that this apparent lack of emotion proved nothing about Trask's knowledge of her husband's abuse of their child. The jury agreed.
Domestic violence in Oklahoma is a significant problem for the state. Traditionally, Oklahoma has high rates of child abuse and intimate partner abuse. However, many Oklahoma domestic violence allegations are false or exaggerated. In 2009, the Oklahoma Department of Human Services (DHS) investigated 53,394 cases of suspected child abuse; however, only 16% of these investigations confirmed abuse. Domestic violence claims arise from custody disputes and even as vengeance in bad break-ups. In the case of Heather Trask, she was nearly convicted of murder for believing her husband's excuses for their daughter's injuries.
If you are charged with domestic violence in Oklahoma, immediately seek help from an Oklahoma Domestic Violence Lawyer. Your domestic violence defense attorney will work to ensure that exaggerated charges are reduced and that charges stemming from false abuse allegations are dismissed.
Understanding the Difference of Oklahoma Law and Assault and Battery Domestic Crimes
There are many different types of crimes for which an individual can be charged in terms of Oklahoma law and assault and battery domestic issues. Some of these criminal offences are more serious than others and the type of penalty that occurs typically depends on how serious the circumstances and whether or not it is a repeat offense. That said, regardless of how serious the charge, the accused should seek the assistance of a criminal defense attorney that specializes in these matters.
Something interesting that most people don’t know is that there is a difference between assault and battery. Even though assault and battery are often charged together, they are two distinct crimes. Assault is defined by a person that intentionally threatens harm on another. For example, threatening to strike someone if they do not give you what you want is an act of assault. Battery, on the other hand, occurs when the person actually causes physical harm to another or touches them in a degrading fashion (i.e. spitting on someone). Essentially, this crime involves direct contact between the victim and offender. Thus, it is not simply a threat it is an action.
It is also important to note that if physical harm occurs among family members, the accused would be charged with domestic violence, not battery. Domestic violence is an offense that is characterized by one member of a household or family inflicting physical harm on another member of the same house or family (it most commonly occurs between spouses). Nevertheless, despite what Oklahoma law and assault and battery domestic criminal act a person is charged with, they need a qualified defense attorney to represent them and help prevent a criminal record and serious penalties that can forever tarnish their life.
The punishment that results from assault/battery crimes may include imprisonment, fines, probation, restraining order, anger management classes and so on. As in most cases, the degree of the penalty depends on the circumstances of the situation, as well as the background of the accused. For instance, if the offender has a previous history of assault and/or battery, their punishment will likely be more severe.
Just remember, not every Oklahoma law and assault and battery domestic crime is straight forward or crystal clear. In some instances, the offence may have been committed out of self-defense or defending someone else or your own property (i.e. striking a burglar). Since this is the case, it is vital that you seek the assistance of a legal representative who has experience in assault cases, as their professional skill can help dismiss or reduce sentencing.
Family Feud – Domestic Abuse and Assault and Battery with a Dangerous Weapon
In a recent case, we represented the older of two brothers who got into a fight. The older brother was accused of punching his younger brother in the nose and hitting him with a broom. He was charged with a Misdemeanor Domestic Abuse, Assault and Battery, and a Felony, Assault and Battery with a dangerous weapon. We were able to convince the DA that a jury wouldn't find the defendat was guilty and she dismissed the case.