5 Counts of Assualt and Battery with a Dangerous Weapon
The Oklahoma Criminal Defense Lawyers at Phillips & Bailey were able to prevent a recent case from going to trial. In this case, 5 counts of Assault and Battery with a deadly weapon were dismissed.
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.
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.
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.
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.
Domestic Abuse – Assault and Battery
Phillips and Bailey had a new dismissal today in Pontotoc County Court. The case was a domestice abuse and assault & battery .
Lewd Acts, Public Drunkeness, and Assault & Battery
The case against one of our clients was dismissed today in District Court. This client was charged with 3 crimes:
- Lewd Acts
- Public Drunkeness
- Assault and Battery
If you need help with your criminal charges, contact Phillips and Bailey today to see how they can assist with your case.
Assault and Battery – Great Bodily Injury
Phillips and Bailey have been representing a client charged with felony Assault and Battery causing Great Bodily Injury. That case was dismissed today in Oklahoma County Court.
Oklahoma Doctor Acquitted in Son’s Fatal Stabbing
In homicide cases, an Oklahoma criminal lawyer has several options for defense, including an "affirmative defense." In a murder case, an affirmative defense means the defendant admits to the killing, but is not guilty of a crime, either through self defense or an insanity defense. Perhaps the most controversial of all defense strategies is the insanity defense. In making an insanity plea, the defense attempts to show that the defendant was insane at the time of the killing, and that he or she did not know right from wrong and did not understand the consequences of the actions. The insanity defense is seldom used, and even more seldom used successfully.
In Oklahoma City last week, however, a judge ruled that Dr. Stephen Wolf, who attacked and killed his 9-year-old son at the family home in Nichols Hills, was not guilty by reason of insanity.
Wolf's Oklahoma City defense attorney had his client evaluated by University of Oklahoma psychiatrist David H. Tiller, who found that Dr. Wolf was delusional at the time of his son's killing. Tiller reported that Wolf thought he was the devil, and therefore his son Tommy was the son of the devil. According to the psychiatrist for the defense, Wolf believed at the time of the killing that "being the son of the devil is the worst evil there is and he had to release his son from that evil." On a recording of a 911 call made by Wolf's wife Mary, Wolf is heard saying, "Mary, he's the devil." A police affidavit states that Wolf repeatedly told the officer who broke up the attack, "He's got the devil in him and you know it."
Under Oklahoma law, the prosecution has the burden to prove a defendant is sane when the insanity defense is lodged. In Dr. Wolf's trial, however, the psychiatrist brought in by the prosecution concurred that Wolf was insane when he stabbed his son to death and attacked his wife when she tried to intervene. Psychiatrists for both the defense and the prosecution noted Wolf's continued attempts to attack his son even after being restrained by police. They found that this persistence demonstrated his inability to understand that his actions were wrong.
Oklahoma County District Judge Don Deason is sending Dr. Stephen Wolf to a state mental hospital. He cannot be released without the judge's approval, and may spend the rest of his life at the facility.
The insanity defense is a complicated and controversial defense strategy. State laws vary in regard to the rule that governs a determination of insanity, on whom the burden of proof is placed, and conviction versus acquittal options when the insanity defense is employed.
Recent insanity defense cases in Oklahoma include:
- Morgan E. Cline, 20, Mustang - convicted May 25, 2011 of shooting his father in bed in 2009. His Oklahoma violent crimes lawyer plans an appeal.
- Kassie Lakei Bills, 29, Oklahoma City - convicted in 2009 of the 2007 shooting death of a friend, Shequiea Thompson, 24. Her conviction was overturned on appeal in early May, and a new trial has been ordered.
- Eric Knox, 28, Oklahoma City - accused of killing his pregnant girlfriend in 2009. A judge granted a continuance in September 2010 to give his criminal defense attorney time to seek another psychiatric evaluation.
The insanity defense is only used in about 1% of homicide cases, and it is successful in only about 25% of those cases. Of the cases in which the insanity defense was successfully employed, 90% of the defendants had a previously diagnosed mental illness.