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.
Use of Deceased Parents’ Credit Card Leads to Fraud Arrest
An local woman finds herself in need of an Oklahoma fraud lawyer after being arrested on 21 felony complaints of credit card fraud. Julie H. Frias, 52, is accused using her deceased parents' credit card beginning less than four months after her mother's death. She is accused of running up more than $53,000 in charges in less than one year with the fraudulent use of the credit card.
According to Edmond police, Frias reported that a former employee of her home-based business had stolen checks from the residence. During an investigation, a witness reported that she had seen Frias use a credit card that did not belong to her, but rather to her deceased father, Sam W. Hunsaker. After pursuing the tip further, investigators determined that Frias had not notified the credit card company, Citi, of her parents' deaths, and in fact, requested replacement cards for one she claimed was lost. The "lost" card was discovered in her purse when she was booked into jail, along with another Citi card she also told authorities was lost.
Frias's Oklahoma credit card fraud charges result from numerous unauthorized transactions in Oklahoma and abroad. Some charges made to the deceased Mr. Hunsaker's card include:
- $2,500 to Superior Cuts in Oklahoma City, which Frias said was a business loan to her mother-in-law
- $978 for Oklahoma State University football season tickets
- $1,664 to the "OSU Posse" to support OSU student-athletes
- More than $38,000 to Frias & Sons LLC, a real estate and marketing business run from the Frias home
- Multiple smaller transactions throughout Oklahoma City, Texas, Nevada, Mexico, and Europe
Julie Frias told police that the money charged to her company was "earnest money" for real estate transactions in Oklahoma City. Frias said she used the card because of its high credit limit and frequent flier miles. The credit card, which had zero balance in April 2010 had a balance of $53,152.18 by February 2011.
Julie Frias is not the only Frias to face felony criminal charges. According to Edmond police, her husband, Domingo Frias, 30, is facing an Oklahoma felony assault charge of assault with a deadly weapon after threatening to cut off another man's finger. Domingo Frias has fled to Mexico.
Evidence Sufficient for Trial in OKC Police Officer Assault
The Oklahoma City assault lawyers for three men accused in the beating and maiming of an off-duty police officer are preparing for trial after a judge found sufficient evidence to merit trial.
The beating of the off-duty Oklahoma City police officer attempting to escort unruly patrons from a local bar has captured the public interest in the city and throughout the state of Oklahoma. Officer Chad Peery was left partially paralyzed after the attack outside of Dan O'Brien's Public House in northwest Oklahoma City.
Last week's preliminary hearing detailed the assault. According to witnesses, including a bartender who was working on February 15, the night of the attack, Officer Peery was asked to intervene when three customers twice attempted to start fights with other patrons. Accused are:
- Joshua B. Rinken, 28, Norman
- Jimmy Dan Smith, 28, Tuttle
- Cadmio Antonio Lopez, 31, Newcastle
Witnesses say that the men were told several times that Peery was a police officer, but they continued to behave aggressively. When the attack started, bartender Martin Barrett claims he yelled, "Stop! Stop! He's a cop!" Another witness reports hearing Rinken say, "I don't care if he's a cop or not." Several witnesses claim they saw Rinken holding an apparently unconcious Peery in a headlock while another man, allegedly Smith, throw punches at the wounded officer.
After the hearing, Oklahoma County Special Judge Fred Doak ruled that there is enough evidence to hold the three defendants for trial on one count of assault and battery by means of force as is likely to cause death, an Oklahoma assault charge punishable by up to life in prison. Judge Doak is also allowing an alternative charge of maiming, punishable by up to 7 years in prison.
Rinken's Oklahoma assault lawyer previously stated that the more serious assault charge was an inflated charge that wasn't warranted by the circumstances, calling the officer's injuries the unfortunate result of a typical "bar fight that got out of hand."
The Oklahoma defense attorneys for the three accused men saw a minor victory when Judge Doak threw out a count of conspiracy to commit assault and battery on a police officer. Prosecutors have said they will appeal the judge's decision on the conspiracy count.
Judge Doak has not yet ordered trial pending the appeal.
Lack of Evidence Leads to Dismissal of 3 OKC Murder Cases
The ultimate hope of everyone charged with a crime in the state is that his or her Oklahoma criminal defense lawyer will be able to bring the case to a close with either a dismissal or an acquittal. While a dismissal or a "not guilty" verdict is not possible in every case, three Oklahoma City homicide cases were dismissed in just over a month due to lack of evidence. Prosecutors say they have the right to file charges again if new evidence is provided or discovered in these cases, but for now, three men are free from the murder charges originally filed against them.
The first of the three recent homicide cases to be dismissed was that of Brian Keith Manual, 20, of Oklahoma City. Manual, known as "Teen Wolf," was accused in the Oklahoma City shooting death of 19-year-old Kascey McClellan outside a club in 2008. Manual was charged after witnesses identified him as the shooter, and he spent six months in jail before his case was dismissed on February 4, 2011, due to "problems with the witnesses."
Doyle Wayne Briggs, 36, also of Oklahoma City, was released from jail on February 25, 2011, after spending 18 months behind bars for his alleged role in a fatal shooting over a drug dispute. Briggs and an accomplice, Jarmal Walker, were accused of killing brothers Shannon and Corey Brown, who confronted two men alleged to be Briggs and Walker after the men sold them fake cocaine. Walker was convicted of the murders and is serving two consecutive life terms. Briggs's case was dismissed after prosecutors admitted they had problems with the evidence.
Last week, prosecutors dismissed a murder charge against Richard M. McFall, 57, of Oklahoma City. McFall, who was on parole for a 1991 second degree murder conviction, was accused of shooting and killing Billy Gene Cooks, Jr., 31, after his cell phone was found near the victim's car at a truck stop in Oklahoma City. Insufficient evidence led to the dismissal of the homicide charge.
While dismissal and acquittal are not possible in every criminal case, a skilled Oklahoma defense attorney will work to ensure a fair trial and the optimum outcome to every case. Through challenging inadequate, insufficient, or illegal evidence, a criminal lawyer may be able to achieve a dismissal of the case before it ever goes to trial. In other cases, questionable evidence may render it impossible for prosecutors to meet the burden of proof, allowing a jury to reach a verdict of not guilty. Those accused of crimes in Oklahoma City and throughout the state should contact an experienced, successful criminal defense lawyer in Oklahoma as soon as possible to begin building a solid defense.
Life in Prison Possible for Three Accused in OKC Assault
Just after Valentine's Day, a story hit Oklahoma City headlines that gripped and enraged the general public. An off-duty police officer, Chad Peery, 34, was severely beaten as he attempted to diffuse an altercation at a local bar and to escort the men involved off of the premises. The attack left Peery paralyzed from the shoulders down. The three men accused in the attack were originally charged with maiming, an Oklahoma assault charge that leads to a maximum penalty of 7 years in prison and a $1,000 fine. They were also charged with conspiracy to commit a felony, which carries a maximum of 10 years in prison and a $5,000 fine. However, a new charge was recently levied against Joshua B. Rinken, 28, of Norman, Jimmy Dan Smith, 28, of Tuttle, and Cadmio Antonio Lopez, 31, of Newcastle, which could lead to life imprisonment upon conviction. The three men were charged last week with a felony count of assault and battery by means of force as is likely to cause death in Oklahoma County District Court.
Prosecutors amended the original maiming charge, adding the new felony assault charge as an alternative charge if the case goes to trial. Jurors will be have the option of finding the men guilty of either the Oklahoma City assault or the lesser maiming charge.
Assistant District Attorney Scott Rowland says the charge was amended after a consultation with Peery's physician, in which the seriousness of the officer's injuries were clearly defined. Surveillance video taken at the bar the night of the assault allegedly shows Rinken holding an obviously unconscious Peery upright before dropping him or throwing him to the ground. Both Rinken and Smith are accused of assaulting Officer Peery, while Lopez is accused of keeping others from interceding on Peery's behalf.
The Oklahoma assault lawyer for Joshua Rinken argues that the amended assault charge is inflated, saying that Peery's injuries were the result of a bar fight that got out of hand, and that his client did not intend to permanently injure anyone. According to Rinkin's attorney, prosecutors were trying to "hit [Rinken] with everything they've got" in an effort to find the harshest penalty possible.
Shooting with Intent to Kill
Another successful outcome for a client of Slane, Phillips and Bailey was achieved yesterday in Pottawatomie County, Oklahoma Court. The charge of Shooting with Intent to Kill was dismissed.
Aggravated Assault and Battery
Slane, Phillips & Bailey have been representing a client charged with Aggravated Assault and Battery in Canadian County. Last Friday, our client was declared not guilty in a jury trial.