New Year’s Eve Shooting Spotlights Oklahoma “Make My Day” Law
When a homeowner shoots and kills and intruder on his or her property, the story is usually considered newsworthy. When the homeowner is an 18-year-old mother of a 3-month-old, a widow whose husband died of cancer less than a week before, the story grabs international headlines.
The story of Sarah McKinley of Blanchard, Oklahoma, has been featured on CBS News, The Huffington Post, The New York Daily News, and even the BBC. Even former Alaska governor and Vice-Presidential candidate Sarah Palin has weighed in on the story, saying of McKinley, "I'm all in favor of girls with guns who know their purpose."
The events unfolded around 2:00 p.m. on New Year's Eve, when the teen mother called 911 and told the dispatcher that someone was trying to break into her house. She had barricaded the door with a couch, but the intruder continued to attempt to gain access to her home. Whispering, McKinley asked the dispatcher, "I've got two guns in my hand. Is it okay to shoot him if he comes in the door?" In the released 911 tape, the dispatcher responds, ""Well, you have to do whatever you can do to protect yourself. I can't tell you that you can do that, but you have to do what you have to do to protect your baby."
It took police approximately twenty minutes to arrive at the scene, and by that time, Justin Shane Martin, 24, was slumped dead over the couch, clutching a knife in his hand. An accomplice had fled the scene. Later, the alleged accomplice, Dustin Louis Stewart, 29, turned himself in to authorities.
Prosecutors say McKinley was clearly acting in self defense and will not be charged with any crime. Oklahoma's "Make My Day" law, officially the Castle Doctrine, allows the use of deadly force for the protection of one's home and any innocent people legally within the home from a violent attack or any intrusion which may turn violent. An 18-year-old girl protecting her 3-month-old son from a knife-wielding intruder certainly seems to fit the stipulations of the Make My Day law.
Although McKinley will not face criminal charges, Martin's alleged accomplice faces a first degree murder charge. Under Oklahoma law, if a death occurs during the commission of a felony, such as first-degree burglary in this instance, anyone involved in the crime may be charged with the murder. Though Dustin Stewart fled the scene and called 911 shortly after the shooting, he has been charged with first degree murder as the alleged accomplice of the fatally wounded Martin.
However, prosecutors will have to prove that Stewart was actually Martin's accomplice in the break-in. Stewart's Oklahoma defense attorney may point to Stewart's 911 call as evidence of his innocence.
Stewart called 911 shortly after hearing gunfire. He told the dispatcher, "My name is Dusty Stewart, and I think it is my friend that got shot." He allegedly told the dispatcher, "I don't know what he was trying to do. I stood at the fence and told him to come on and I don't know what he did."
However, court documents show that Stewart later told police that he and Martin had taken painkillers before going to McKinley's home. He is reported to have told investigators that Martin knew that McKinley's husband had recently died of cancer, and that he assumed there would be painkillers in the home, so he devised a plan to burglarize the home and steal the painkillers.
Perhaps, in light of this statement, Stewart's Oklahoma criminal lawyer will use his client's cooperation in an attempt to gain leniency in sentencing.
Dusty Stewart was released on bail with a preliminary hearing set for May. At the time of this writing, Stewart's Oklahoma defense lawyer has not responded to media requests for a statement about this high profile case.
OKC Police Ring in 2012 with High-Speed Chase
Two men are facing drug trafficking charges in Oklahoma City after a high-speed pursuit by Oklahoma City police and the Oklahoma Highway Patrol. Instead of celebrating the start of a new year, Torray Andre Payne, 35, and Daryl Taylor, 24, will be finding an Oklahoma City drug lawyer to handle their defense.
According to police, Oklahoma City police officers attempted a routine stop for a traffic violation just after 1:00 a.m. on January 1. The suspects did not stop, and instead continued east, reaching speeds of up to 100 mph before crashing the vehicle. Police say Payne and Taylor attempted to flee on foot but were apprehended. Allegedly, the two men were throwing drugs from the vehicle during the pursuit, and a search of the vehicle revealed large amounts of cocaine and money. Payne and Taylor were arrested for attempting to elude police and on suspicion of drug trafficking in Oklahoma.
In Oklahoma, drug trafficking charges are usually levied based on the amount of the illegal narcotic in possession of the defendant. Regardless of whether or not the suspect actually intended to sell or distribute the controlled substance, prosecutors feel that possession of a large amount of drugs is an indication of an attempt to sell or traffic in drugs.
The amount of drug necessary for Oklahoma drug trafficking charges depends on the type of drug in possession:
- Marijuana - 25 pounds
- Cocaine - 28 grams
- Crack Cocaine - 5 grams
- Heroine - 10 grams
- LSD - 50 doses
- Methamphetamine - 20 grams
- PCP - 1 ounce
Though trafficking generally refers to "large amounts," it is clear that possession of even small amounts of particularly potent drugs can lead to drug trafficking charges in Oklahoma. Larger amounts may bring a charge of aggravated trafficking.
Penalties for a conviction of trafficking in Oklahoma include mandatory prison sentencing, heavy fines, license suspension, and forfeiture of any assets gained by or used in trafficking. Seized assets may include cash, weapons, and vehicles.
Drug trafficking is a felony which may be charged as either a state offense (trafficking within Oklahoma) or a federal offense prosecuted in conjunction with the FBI or the DEA.
Penalties for a first offense of Oklahoma drug trafficking include four years to life in prison and fines ranging from $20,000 to $500,000. If a person has two prior drug trafficking convictions, he or she may be sentenced to life in prison without parole.
Oklahoma has some of the toughest drug laws in the nation. If you are suspected of trafficking in illegal narcotics, it is important to contact a skilled Oklahoma City drug lawyer immediately to begin your defense.
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.
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.
Multiple Oklahoma Drug Crime Trials
The Law Firm of Phillips and Bailey achieved great outcomes for our clients today in multiple drug related criminal cases. Charges of Possession of CDS (controlled dangerous substance), possession of drug paraphernalia, and public intoxication were all dismissed today in Oklahoma court.
Prescription Fraud in Oklahoma
Fraud is the misrepresentation of oneself or one's personal information for some type of personal gain--generally financial gain. Insurance fraud, bank fraud, and Medicare fraud are each types of fraud that are perpetrated for financial gain. However, another growing type of fraud in Oklahoma is prescription drug fraud. Prescription fraud may be carried out for profit as corrupt physicians sell prescriptions or as individuals sell illegally obtained prescriptions, but it may also be carried out by those suffering from addiction in an effort to obtain drugs for personal use.
What is prescription fraud? Prescription fraud refers to prescribing or obtaining prescription drugs that are not medically necessary. There are several ways in which prescriptions fraud may be perpetrated:
- Using a stolen physician's prescription pad
- Altering a legitimate prescription in order to receive an increased quantity of a prescribed drug
- Forging prescriptions
- Calling in one's own prescriptions and providing a personal number for callback information
- "Doctor shopping," or visiting several doctors to receive prescriptions unbeknownst to the other physician
Furthermore, an unscrupulous physician may sell unneeded prescriptions to "patients" looking to sell or abuse the prescription drugs.
Prescription fraud in Oklahoma is a serious concern. Some studies show that 2-4% of the national population abuses prescription drugs. The drugs most commonly purchased or abused in prescription fraud cases include Vicodin, Valium, Xanax, Oxycontin, and morphine. Benzodiazepines, such as Xanax and Valium, are often used legally to treat anxiety and also work as sedatives and muscle relaxers. Oxycontin, Vicodin, and morphine are powerful and highly addictive painkillers.
Prescription fraud is a felony drug crime in Oklahoma and may be charged as a Federal offense. Health care providers who illegally provide prescriptions may not only face jail time and fines, but they are likely to lose their licenses to practice medicine and receive sanctions by the American Medical Association.
The Oklahoma Anti-Drug Diversion Act implemented the Oklahoma Prescription Monitoring Program (PMP), overseen by the Oklahoma Bureau of Narcotics and Dangerous Drugs, in an effort to combat prescription drug abuse and prescription fraud.
If you are accused of involvement in prescription fraud, it is important that you contact an experienced Oklahoma criminal lawyer as soon as possible to help with your defense. Your attorney can thoroughly evaluate your case for the best defense strategy, whether that entails negotiating a reduced charge or sentence, defending your innocence, or challenging police procedure to demonstrate illegal search and seizure.
For more information about prescription fraud defense, call Phillips and Bailey to speak with an experienced criminal defense attorney in Oklahoma City.
Oklahoma Marijuana Cultivation is Feeling the Heat
Trying to grow marijuana in Oklahoma can have marijuana cultivators feeling the heat in more ways than one. Just ask any Oklahoma City Drug Lawyer: Oklahoma's drug laws are among the harshest in the nation, carrying stiff penalties for even simple possession charges. Marijuana cultivation in Oklahoma is a felony drug charge which, with minimum sentencing requirements, can lead to life in prison even for a first offense.
However, with this season's record temperatures and extreme drought, the legal consequences of marijuana cultivation aren't the only challenge for growers. According to the Oklahoma Bureau of Narcotics and Dangerous Drugs, most of the marijuana plants they have found during investigative fly0vers are in bad condition, withering in the blistering heat of Oklahoma's hottest recorded summer. A spokesman for the agency says that many marijuana patches have simply been abandoned, with the heat foiling attempts to keep the crop going. However, he reports that there are a few complex operations that are resulting in healthy marijuana crops. Last week, drug agents discovered a well-cultivated, thoroughly irrigated crop of 1,900 marijuana plants near Foyil in Rogers County. With the extreme temperatures and lack of rainfall, though, such well-tended crops are the exception rather than the rule this summer.
Another twist the drought has added to this year's annual aerial patrol is that once agents discover a marijuana crop, the burn ban prevents them from disposing of the contraband plants in the way they normally would. With a burn ban in effect, Oklahoma drug agents can't burn a marijuana field. Rather, they are confiscating the plants and storing them until conditions are safe for burning.
Of course, marijuana cultivation isn't the only marijuana-related drug offense. In Norman last week, Cleveland County sheriff's deputies seized $17,000 worth of marijuana in a convenience store parking lot. Two men were arrested and charged with possession with intent to distribute. Drug possession for sale in Oklahoma is a felony offense with mandatory minimum sentencing and a possible consequence of life in prison.
If you are facing charges of drug possession, marijuana cultivation, or possession with intent to sell, contact an experienced Oklahoma drug crime lawyer who can evaluate your case and explain your options for defense.
Harsh Penalites for Oklahoma Drug Crimes
Oklahoma has become notorious for its severe penalties for drug offenses including possession, manufacturing, and distribution or trafficking of illegal drugs. Even a minor drug charge, such as a first offense possession of marijuana charge, carries the possibility of a year in jail if convicted. Fortunately, in many first offense drug convictions, a skilled Oklahoma drug crime lawyer can negotiate for a deferred sentence or suspended sentence which allows the defendant to avoid incarceration if he or she successfully complies with the terms of probation.
Still, Oklahoma drug laws offer a wide range of possible sentences depending on the circumstances of the drug offense. In fact, a second conviction of marijuana possession is a felony that carries a possible sentence of 2 to 10 years in prison. Oklahoma's drug sentencing is among the harshest in the nation, with mandatory minimums and penalties that can include:
- Hundreds of thousands of dollars in fines
- Life in prison without the possibility of parole
- In parole-eligible cases, a mandatory minimum of 50% of the sentence must be served before parole
- Years of probation and drug testing
- Loss of the right to possess a firearm
Oklahoma consistently makes headlines for harsh drug penalties that seem to far outweigh the severity of the crime. Some such stories include:
- Patricia Marilyn Spottedcrow, 25 - fined $2,740 and serving 10 years in prison for a $31 drug sale to an undercover agent
- Darlene Burgess Lorenz, 49 at the time of her conviction - fined more than $120,000 and sentenced to two life terms plus 600 years for manufacturing methamphetamine and possessing firearms. Her sentence was commuted, and she was released after nine years and sentenced to 30 years of probation.
- Franklin Thompson, 25 at the time of his conviction - 60 years in prison for possession of 7 grams of crack cocaine, about $700 worth. Thompson will not be eligible for parole until he has served at least 30 years, half of his sentence. In most states, possession of that amount of crack carries only a five year sentence.
Thompson's Oklahoma drug defense lawyer, when speaking about his client's sentence and drug penalties in Oklahoma, stated, "It's kind of a knee-jerk reaction. . . . The legislators all want to appear tough on crime. But they don't think of all the ramifications." With such wide-ranging possible consequences, there is often unjust disparity in drug sentencing.
Spottedcrow and Lorenz each turned down plea agreements which would have given them a shorter sentence. Spottedcrow turned down a deal that would have given her only 2 years in prison, rather than 10, understanding that most first offenders are given suspended sentences that allow them to avoid jail. Lorenz turned down a plea bargain that would have sentenced her to 15 years, feeling that the sentence was too harsh for the crime. Instead of 15 years, a jury sentenced her to 600 years plus two life terms.
Because of the severity of Oklahoma drug laws and their legal consequences, it is imperative that those charged with drug offenses seek immediate counsel from an experienced drug crime defense lawyer in Oklahoma. An attorney can help his or her clients by protecting their constitutional rights, defending them against drug charges, disputing evidence against them, helping them to understand the implications of accepting or refusing a plea deal, and negotiating sentencing options that minimize the impact of an Oklahoma drug conviction.
Two Oklahoma Mayors Arrested in One Week
Last week saw the arrests of two Oklahoma mayors on unrelated charges. Arrested were:
- Frankie Gene Arnold, 51, mayor of Newkirk, Oklahoma, and instructor at Cowley College
- Robert Dean Smith, 49, former mayor of Eufaula, Oklahoma (Smith has resigned since his arrest).
Arnold was arrested for illegally obtaining prescription painkillers. He was charged with obtaining a controlled substance by concealment of material fact, a felony drug charge in Oklahoma. Arnold is alleged to have obtained prescriptions for hydrocodone from two different physicians, neither of whom knew about the other. Arnold is accused of having prescriptions filled over the internet and delivered to Newkirk City Hall. He allegedly also filled the hydrocodone prescriptions at local pharmacies.
Smith stepped down from his position as mayor of Eufaula after his arrest last week. Smith has been involved in a number of legal issues over the last few years. In 2008, he was arrested on complaints of failing to obey a traffic signal, transporting an open container of alcohol, and Oklahoma DUI. He pleaded guilty, which was not part of a plea agreement between his Oklahoma DUI lawyer and prosecutors, and received a one year deferred sentence. His most recent arrest came after witnesses reported the mayor had left a bar and was driving erratically. Blood alcohol tests determined his BAC to be less than 0.08, the legal limit for DUI, but significant enough to indicate that he had been drinking, which was a violation of his parole. At the time of his arrest, Smith was out on bail for a misdemeanor DUI charge and a separate felony embezzlement charge. The judge revoked bail for both cases.
The Oklahoma embezzlement charge was the result of accusations that Smith used a city credit card to buy gasoline. He has been charged with four felony counts of embezzlement by a public official. His embezzlement case is scheduled for trial in April.
Oklahoma Drug Raids Yield Multiple Arrests
Two separate drug raids and sweeps in Oklahoma resulted in the arrests of 77 people on complaints including Oklahoma drug possession, drug distribution, child endangerment, and firearm offenses. In Midwest City, officers arrested thirteen people after a year-long investigation. In Rogers County, sixty four people were arrested as a result of a multi-agency effort that targeted individuals wanted on narcotics charges.
The Midwest City drug raids were conducted at eleven locations around the city. The raids were a cooperative effort by the Midwest City Police Department, the Oklahoma City Police Department, the FBI, the U.S. Marshals Service, and Immigration and Customs Enforcement agents. These raids resulted in not only the thirteen arrests, but also the seizure of drugs, drug paraphernalia, money, guns, and four vehicles. In addition, several children were taken into protective custody by the Oklahoma Department of Human Services (DHS).
Suspects were arrested on complaints of:
- Drug possession
- Drug sales
- Drug possession with intent to distribute
- Possession of drugs in the presence of a minor child
- Possession of a firearm in the commission of a felony
In Rogers County, Oklahoma, law enforcement agents conducted warrants sweeps targeting those wanted on Oklahoma drug charges. In all, sixty four people were arrested, and thirteen children were taken into protective custody by DHS. The sweep was part of an interagency collaboration that involved officers and agents from the Rogers County Sheriff's Department; the Tulsa County Sheriff's Department; the police departments of the cities of Claremore, Inola, Vinita, and Pryor; the Oklahoma Highway Patrol (OHP); the United States Marshal's Service; and the Oklahoma Bureau of Narcotics and Dangerous Drugs.
If you have an open warrant or outstanding bench warrant, contact an Oklahoma criminal defense lawyer to take a proactive approach to handling your situation. A warrant does not just go away. Don't wait for the police to come after you or to find you during a routine traffic stop. Rather, consult an experienced attorney who can help you make the best decisions about your warrant and your impending arrest, and who can help you build a successful defense if you are charged with a crime in Oklahoma.