In March an off-duty police officer noticed a vehicle driving the wrong way along the Broken Arrow Expressway. Homicide Detective Jason White said that he turned on his flashing lights, honked his horn, and even rolled down the window to yell at the wrong-way driver. He testified that the driver, who was talking on his cell phone, looked directly at him, but failed to pull over.

The driver, John Freeman, then crashed head-on into another vehicle, instantly killing the other driver. Freeman, then 25, was determined to have a blood alcohol concentration (BAC) of 0.22 percent, nearly three times the legal limit.

Freeman, who was hospitalized with non-life-threatening injuries after the accident, was charged with first degree manslaughter in the DUI death of 64-year-old O.Z. Walker.

Earlier this week, Freeman pleaded nolo contendere, or no contest, to the manslaughter charge against him. Tulsa County Judge James Caputo accepted the no contest plea and rendered a guilty verdict. He then sentenced the 26-year-old man to life in prison.

For purposes of parole, a life sentence is calculated at 45 years. Because manslaughter is an "85 percent crime," Freeman must spend more than 38 years in prison before becoming eligible for parole. Upon release, he is ordered to serve nine months to one year of post-imprisonment supervision.

A first offense of DUI is usually a relatively minor misdemeanor charge; however, if an impaired driver causes a fatal accident, the penalties become much more severe. First degree manslaughter is considered a violent crime which cannot be expunged from one's record. It requires that anyone convicted serve a minimum of 85 percent of the sentence before becoming eligible for parole, and it carries a possible life sentence.

First degree manslaughter is defined in 21 O.S. § 711 as follows:

Homicide is manslaughter in the first degree in the following cases: 

  1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.  
  2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide.  
  3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.

First degree manslaughter carries a minimum penalty of four years in prison.