A Tulsa County jury has found a second man guilty of first degree murder in the shooting death of a 14-year-old girl during an attempted robbery.
On Friday, jurors deliberated for three hours before returning a guilty verdict in the case of Travis Murphy Lozada, 22. The jury convicted Lozada of first degree felony murder, attempted robbery with a firearm, and conspiracy. For murder and robbery, the jury recommended life sentences; for conspiracy, they requested the maximum 10-year sentence.
Lozada was one of three men charged after the fatal shooting of April Montano on May 29, 2014. The 14-year-old girl was a passenger in a pickup truck driven by her father when three men, identified as Lozada, David Ruble II, and Demonte Wayne Rushing, pulled up alongside the truck.
As the truck continued along, the occupants of Ruble's vehicle attempted to rob an ATV from a trailer towed by the pickup. Shots fired from Ruble's vehicle struck the girl in the back of the head, killing her.
In May, a Tulsa County jury convicted Ruble of first degree felony murder and conspiracy (his attempted robbery charge was dismissed at the request of the state). As in Lozada's case, the jury recommended a life sentence for murder and 10 years for conspiracy. In September, Tulsa County District Judge William LaFortune followed the jury's recommendation in sentencing Ruble to life plus 10 years. Ruble's sentences are ordered to run consecutively, meaning the man must complete his life sentence before serving the additional 10 years. Because felony murder is an 85 percent crime, he must serve more than 38 years before becoming eligible for parole.
Lozada is expected to be sentenced this week.
Rushing has not yet stood trial for his charges in connection with the girl's death.
In Oklahoma, there are several circumstances which make an act of homicide first degree murder. The most commonly known circumstance for a first degree murder charge is "malice aforethought," or premeditated murder--in other words, the defendant intended to wrongfully take the life of another person.
However, a person can still be charged with first degree murder even if he or she had no intent to take another's life. "Felony murder" occurs when someone dies during the commission of a specified felony:
A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance. 21 O.S. § 701.7 (B)
First degree murder is punishable by life in prison or life without parole. Oklahoma allows the death penalty for murder if one or more of several aggravating factors are met.
