Oklahoma Domestic Dispute Involves Twin Strippers and a Bat
Though the specifics of each and every criminal case are unique, there are certain types of cases which may seem routine. However, every so often a case will come across the desk of an Oklahoma City criminal defense lawyer with details that make the case truly stand out from the others.
For example, earlier this week in Vinita, Oklahoma, a woman was arrested on complaints of marijuana possession with intent to distribute, possession of a firearm in the commission of a felony, and maintaining a dwelling where drugs are present. During the search of the woman's property, a Craig County drug task force seized guns, six pounds of marijuana, and $277,000 in cash. At first glance, the scenario seems typical of a drug arrest. However, when you find out that Darlene Mayes, the woman arrested, is 73 years old, the story takes an unexpected twist. Arrest photos show Mayes to be a tiny, white-haired, little old lady in glasses--not typically what one would expect from a drug task force arrest. Mayes claims the $277,000 in seized cash is for her retirement. It is not clear if the retired DHS worker has yet retained an Oklahoma drug crimes defense lawyer, but authorities allege that Ms. Mayes is a major player in the northeastern Oklahoma drug trade.
The pot granny isn't the only case making headlines because of its bizarre details this week. A domestic dispute case in Oklahoma City made headlines largely in part due to the participants involved. Oklahoma has a high rate of domestic violence, so ordinarily, a fight involving a woman and her fiance would not make the news--or if it did, it would be a slow news day indeed. However, if the participants in the fight with the fiance are twins who work at the same strip club, and the fight involves a baseball bat, the details are just enough to boost the story from mundane to newsworthy.
Police responded to the scene of the altercation, where they received multiple accounts of what happened from those involved. According to the police report, officers responded to a home where Stacy Helguera, 25, her twin sister Tracy Murray, Murray's fiance Brooks Brady, 25, and a cousin all reside. Helguera initially told police that when she and her sister returned home from the strip club where both women work, a drunken Brady began assaulting the women and the cousin with a baseball bat. She later changed her story to say that she and Brady were arguing when Brady punched her in the face, causing her sister to come to her defense. When Murray tried to help her, says Helguera, Brady began attacking her.
Murray's version of the story differs from her sister's. She says that both Brady and Helguera were drunk, and that Helguera had been antagonizing Brady. When Helguera slapped Brady, says Murray, he began to violently fight back. Murray says that she tried to choke Brady from behind to stop the fight, and that Brady then began to beat her instead.
Of course, Brady has a different story to tell. While he initially told police that the sisters "jumped him," he later said that all of his injuries were from work.
None of the three wanted to press charges, but Oklahoma does not require a victim's consent to press charges in a domestic violence case. All three combatants were arrested and face differing charges:
- Stacy Helguera - domestic assault and battery with a dangerous weapon
- Tracy Murray - domestic abuse by strangulation
- Brooks Brady - violation of the domestic abuse act
Marijuana busts and domestic abuse cases are both fairly common in Oklahoma. However, when you sprinkle in unusual details like a geriatric drug lords and twin strippers, these cases cross into a whole new realm. Oklahoma City defense lawyers know that every case is unique, and must work with those individual details to create the strongest defense possible for both ordinary and extraordinary cases.
Civil Litigation in Oklahoma City Assault Cases
Injury litigation handled by Oklahoma City personal injury lawyers most frequently involves cases of negligence: automobile accidents, defective products, premises liability accidents, medical malpractice, and others. However, it is not uncommon for a crime victim to seek financial compensation from the defendant who caused his or her injuries through a civil lawsuit. A criminal conviction may give the injured victim a sense of justice; however, it does little to compensate for the physical and financial toll of injuries sustained in a criminal act or act of violence. A personal injury claim related to a criminal case will often involve an automobile accident or wrongful death lawsuit following a DUI accident. Another common civil suit related to a criminal offense is seeking financial damages following an assault.
Assault and battery can lead to years of suffering by the injured victim, but the criminal case is often prosecuted as a misdemeanor, resulting in minimal jail sentencing. Even if the offender is charged with felony assault, the conviction does not alleviate the financial burden of the crime victim. In these cases, crime victims may wish to hire an Oklahoma City assault and battery injury lawyer to seek financial compensation from their attackers. Through a successful civil suit, a crime victim may receive compensation for medical expenses, lost wages, pain and suffering, reduced quality of life, funeral and burial expenses, and more.
Because the burden of proof is lighter in a civil case than a criminal case, a plaintiff may be able to receive a damage award even if the defendant is not convicted of the crime. In a criminal case, the defendant must be proven guilty beyond the shadow of a doubt. In a civil case, it must only be demonstrated that there is a "preponderance of evidence," that it is more likely than not that the defendant's actions caused the victim's injury. One notorious example of this legal difference in action is the O.J. Simpson case. In 1995, Simpson was acquitted of the murders of Nicole Brown Simpson and Ronald Goldman. Goldman's family then brought a wrongful death lawsuit against Simpson, and Brown's family brought a survivor's suit. The children of Brown and Simpson were awarded $12.5 million as part of their mother's estate, and the victims' families were awarded $33.5 million.
Civil litigation following a criminal assault is not isolated to Hollywood. In Oklahoma City, injured police officer Chad Peery has filed a lawsuit against the three men who attacked him outside a local bar, resulting in his paralysis, and against the establishment that continued to serve alcohol to the intoxicated men and who lacked sufficient security on the premises.
Crime victims have a number of options for personal injury litigation following a violent crime. From a premises liability lawsuit against an establishment with inadequate lighting or security to a personal injury or wrongful death lawsuit against an assailant in an assault and battery case, civil litigation can be a much needed means of financial recourse. For more information, contact the Oklahoma City assault injury lawyers at Phillips and Bailey.
Oklahoma Juvenile Crimes: Violence at School
Over the past week, local media has brought news of at least three teenagers charged with bringing weapons to school and another teenager who is accused of the forcible rape of another at school.
Oklahoma violent crime lawyers understand that, although the state is generally perceived as gun-friendly, there are still Oklahoma gun laws outlining who can and cannot lawfully own a gun, and there are gun laws prohibiting the possession of weapons in certain locations. Under Oklahoma law, a minor under the age of 18 is not permitted to possess a weapon, except a rifle or shotgun for hunting, sport, or education under supervision. No one except law enforcement officers is allowed to carry a firearm on school grounds. In the past week, two Oklahoma City metro area teens have violated both laws the underage possession of a firearm and possessing that gun on school grounds. Similarly, a third teen was arrested for bringing a knife to school.
On March 2, 2012, Moore police arrested 15-year-old Dillon Ashby after a loaded gun was found in his locker. It was determined that the gun had been stolen from a car during a recent string of automobile burglaries. Ashby was arrested at Moore's Central Junion High on complaints of possession of a firearm on school grounds and possession of stolen properties. Though Ashby is a juvenile, state law requires that the names of youthful offenders be released if the crime with which they were charged would be a felony if committed by an adult. Ashby is suspected in the automobile burglaries and in the theft of four-wheeled ATVs from area homes.
On March 6, another 15-year-old student was arrested for possession of a gun on school property. The Ponca City High school student was arrested when it was determined that he brought a handgun to school. Police declined to say where the gun was found and whether or not it was loaded, but they did say no threats were made. Because the student has not been criminally charged as of this writing, police have not released his name.
Finally, a 14-year-old girl was arrested yesterday for bringing a knife to school in Oklahoma City. The knife was discovered during backpack scanning at Northwest Classen High School. Initially, the girl told authorities the knife must have "fallen into" her back pack, but later admitted she brought it to school because she was having problems with a male student who was bullying her and who threatened to kill her. As of this writing, she has not been charged.
When it comes to violence at school, Oklahoma gun possession is not the only threat. A Norman teenager has been charged with rape and forcible sodomy after a 16-year-old girl told a school counselor that she was forced into a wrestling locker room at Norman North High School and raped. According to the suspect, 15-year-old Ian Patrick Giles Palmerton, sex between the two was consensual and did not occur on school grounds. Police, however, say that physical evidence obtained at the seen refutes Palmerton's claims.
If your child is in trouble with the law, it can be very frightening for you as a parent. You want to protect your child and his or her future. You want to avoid having a foolish youthful mistake haunt your child for the rest of his or her life. Get sound legal counsel and aggressive defense when you hire an Oklahoma juvenile sex crime lawyer or gun possession attorney from Phillips & Bailey in Oklahoma City.
Sex, Drugs, Firearms and DUI cases
Phillips and Bailey finished a busy but successful week with multiple dismissals. These Oklahoma criminal cases included:
- Rape in the 2nd Degree
- 3 possession of drug paraphernalia cases
- 2 possession of a firearm in the commission of a felony
- Driving Under the influence
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.