An Oolagah-Talala High School English teacher suspended earlier this year amid allegations of "inappropriate contact" with a student has been indicted by the Oklahoma Multicounty Grand Jury for second degree rape.
According to reports, Kathryn Michelle Wilmott, 29, a married mother of two children, "communicated frequently" with a student via Snapchat using her phone, his phone, and other students' phones. Various reports give the student's age as either 17 or 18 years old.
The indictment says that Wilmott and the student, who was in her class during the spring 2016 semester, engaged in sexual intercourse at an Owasso home sometime between December 24, 2015, and January 8, 2016.
The former teacher surrendered and was booked and immediately released on $10,000 bond. She pleaded not guilty, and through her attorney, maintains she is innocent of the charges.
Her lawyer released the following statement: "Through counsel, Ms. Wilmott emphatically denies the allegation contained in the indictment that's been filed in Rogers County. We are looking froward to clearing her good name."
In Oklahoma, the age of consent is 16; under federal law, a minor is someone under the age of 18. By either of these classifications, a 17 or 18 year old person is typically old enough to consent to sexual intercourse. However, under state law, a person does not have the ability to provide legal consent to certain individuals in a position of authority. This can apply to law officers and a person under arrest or in custody; to Corrections employees and inmates; to DHS workers or foster parents and minors in DHS custody; and, perhaps most commonly, to teachers and students.
According to 21 O.S. § 1111 and 1114, sexual intercourse is an act of second degree rape "[w]here the victim is at least sixteen (16) years of age and is less than twenty (20) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system."
Second degree rape is a felony sex crime. The potential sentence for a second degree rape conviction is one to 15 years in prison. Additionally, anyone convicted of second degree rape (statutory rape) in Oklahoma must register for life as a sex offender.
A former OB/GYN at a Tulsa clinic has been sentenced in connection with a federal child pornography conviction involving a 16-year-old boy in Missouri.
Early this year, Shelby J. Coleman, 38, pleaded guilty in the United States District Court for the Western District of Missouri to one count of using a minor to produce child pornography. Coleman, who has been in federal custody since his 2013 arrest, faced a mandatory minimum sentence of 15 years in prison and a maximum of 30 years, with a fine of $250,000.
On Tuesday, U.S. District Judge M. Douglas Harpool sentenced Coleman to 188 months (15 years plus 8 months) in prison. His sentence is to be served without parole, and upon release, he must serve 10 years of supervised release.
The case began in September 2013, when a Missouri father discovered sexually explicit text messages from an adult to his 16-year-old son. The messages included nude pictures the teen sent to Coleman at his request, and an exchange in which the teen admitted that he had never had anal sex, and Coleman offered to "show him the ropes."
The father notified state police that his an adult was engaging in sexually explicit conversation with his minor son. He then assumed control of his son's phone and, posing as his son, arranged to meet Coleman for sex. State troopers took over the investigation, and a trooper had the father cancel the initial meeting and got permission to take over the son's phone for the purpose of investigating the "active enticement" of the teen.
Coleman notified the investigator posing as the teen that he would be in the area on September 28, and the two arranged to meet for sex. Highway Patrol Troopers arrested Coleman in the hotel room where the arranged tryst was to take place.
The former doctor admitted not only to exchanging nude pictures with the Missouri teen and attempting to meet him for sex, but also to having sex with two 16-year-old boys and a 14-year-old boy in the Tulsa area.
Because the case crossed state lines between Oklahoma and Missouri, the United States government had jurisdiction over the case, and federal charges were filed.
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A grieving father mad at the government was fatally wounded by Pontotoc County Sheriff's deputies responding to a call about a suicidal man.
Reports say deputies responded to a home in Byng after receiving a call that a man was armed and suicidal at the home. When they arrived, they discovered Stephen Godfrey, 69, armed with an assault rifle and handgun.
The first law enforcement officer to arrive at the scene ordered Godfrey to drop his weapons. Instead, deputies say, he fired at the deputy, striking the patrol car. When another sheriff's deputy arrived, the man fled in his vehicle.
Godfrey crashed the pickup truck about a mile from the scene, and investigators examining the truck found a handgun inside the abandoned truck.
Deputies began a manhunt for the armed man they say had threatened the sheriff's office in the past. They say Godfrey, a retired coach and teacher and former Ada police officer, had been mad at the sheriff's department for not determining the cause of death of his son who died during a hunting trip in October. Deputies say the sheriff's office is still awaiting toxicology reports in the incident.
Pontotoc County Sheriff John Christian said Godfrey had stated in the past that he believed a sniper could "take out" deputies from the Pontotoc County Sheriff's Office.
The manhunt came to an end nearly three hours after deputies first received the call about the suicidal man. According to reports, Godfrey, carrying the rifle, approached law enforcement's command station for the manhunt. When deputies again ordered him to drop the weapon, they say the man instead turned toward them and raised the rifle. Deputies fired, killing the man.
Sheriff Christian told reporters that he was unsure if the department could have taken any steps to prevent the situation from unfolding as it did, particularly given Godfrey's history of animosity toward the department over the past few months. Christian stated, "Could we have done something different to head this off I don't know. But he had shown he was having mental health issues."
It is unknown if the man was receiving any type of treatment for any possible mental health issues resulting from the death of his son and his subsequent anger at the sheriff's department, or if the situation simply escalated in the absence of appropriate mental health treatment.
An Arkansas judge has resigned after the alleged discovery of thousands of sexually explicit images of young men who had been defendants in criminal cases over which he presided.
Former Cross County District Judge Joseph Boeckmann submitted his resignation to the Judicial Discipline and Disability Commission, saying that his resignation would be effective immediately. In his resignation, he agreed never to seek employment as a state, county, or local employee.
The allegations against Boeckmann were revealed when the Commission said that it was investigating and in the process of recovering up to 4,500 sexually explicit pictures that Boeckmann had allegedly taken of young men as part of their "community service" for minor offenses that brought them to his courtroom.
Earlier this year, Boeckmann denied the allegations, saying that any photographs he had of defendants were simply documentation to "corroborate participation in community service."
However, some of the young men pictured in the photos say their "community service" was not what one might expect. Several testified that at the conclusion of their cases, the judge slipped them a handwritten note with his phone number on it and told them they would serve "community service" at his home.
They say when they appeared at the judge's home, he would photograph them in various poses--sometimes naked. In one case, a young man told police that the judge told him to bring three bags of cans to his house. When the young man arrived, the judge allegedly offered him a drink, which the witness says he declined. The judge then allegedly told him to bend over to take three cans out of the bag, and then gave him instructions on how far to spread his legs and how to pose as he bent over to retrieve the cans.
Investigators also say that numerous pictures depict young men naked after an "apparent paddling." The Commission ordered Boeckmann's attorney "to not destroy [or] otherwise dispose of this paddle."
One of the witnesses against Boeckmann says that he engaged in a sexual relationship with the judge in order to obtain extensions on paying his fines.
The case against Boeckmann began as the Commission was investigating a possible conflict of interest in an unrelated elder care case. In the course of their investigation, court employees asked, "Have you heard about the boys?" spurring an investigation into the sex scandal.
As of this writing, criminal charges have not been filed against the judge, who has still admitted no wrongdoing in the case. According to his attorney, Boeckmann's resignation comes at the end of his term for a position he was going to soon vacate, regardless of the allegations:
“He does not want to get into a big fight about the veracity or inaccuracy of the allegations over an office that he was going to vacate anyway, and that is why he decided to resign. He did not admit any wrongdoing, and he is not going to admit any wrongdoing. . . . If a criminal charge is brought, he will be fighting that vehemently.”
At least one accuser is said to be under the age of 18, in which case the former judge could face a child pornography charge.
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An Oklahoma City police detective has been charged with three counts of embezzlement, including two felony charges, after allegedly keeping three stolen laptops recovered in the course of his duties.
The allegations against Master Sergeant Steven Scott Vassar, 47, came to light during divorce proceedings with his wife.
According to reports, Vassar contacted his estranged wife in November 2015, asking her to return three laptops to him, saying they were property of the Oklahoma City Police Department. Instead of returning the laptops to Vassar, his wife became suspicious of the origin of the computers and contacted Vassar's supervisor to surrender them to the police.
According to Oklahoma City Police Captain Paco Balderrama, "When we went to recover them, we put two and two together and discovered these were not police issued laptops."
Vassar allegedly recovered each of the laptops in separate stolen laptop cases between 2008 and 2010. However, instead of entering them into evidence, he allegedly closed the cases without reporting the laptops as recovered or booking them into the OKCPD property room. Instead, reports say, he kept them for personal use.
Embezzlement is a white collar crime in which a person keeps money or property to which he or she is entrusted or misappropriates that property for a purpose other than its intended use. Embezzlement is punished as either a misdemeanor or felony depending on the value of the property:
Vassar is charged with one misdemeanor count of embezzlement and two felony counts of embezzlement in the case.
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The Muskogee Public Schools school board has voted to accept the resignation of a junior high track coach accused of an inappropriate relationship with a 14-year-old student.
In March, administrators at Alice Robertson Junior High became aware of allegations about a possible inappropriate relationship between Brenton Duncan, 47, and a 14-year-old girl on the track team. The school district's police department notified Muskogee Police that the girl's cell phone needed to be searched for evidence related to the allegations.
Duncan was arrested on suspicion of lewd or indecent acts or proposals to a child under 16; a few days later, he was formally charged with one count of child sexual abuse.
According to reports, the track coach allegedly admitted to investigators that he had purchased four pairs of Victoria's Secret panties for the girl.
At one point, the girl sent a text message to her track coach saying that her sweats were too big and asking if she could wear leggings instead. An affidavit states Duncan responded inappropriately: “The suspect admitted that he sent a text back that said, ‘yes with Victoria Secret under’ then sent ‘LOL’ with a smiley face (and) ‘just kidding.’”
In early March, the coach allegedly sent the girl a text asking her to send him "a surprise," and she responded by sending him four pictures of her, from the waist down, wearing the underwear that he had purchased for her.
Duncan allegedly admitted that he never told the girl it was inappropriate for her to send him such pictures. He says he deleted the picture soon after she sent them.
The alleged relationship lasted from December 2015 through early March, when school officials became aware of the allegations.
On March 14, after Duncan's arrest, Muskogee Public Schools administration released the following statement on the district's Facebook page:
When the District first became aware of the allegations against one of our employees, we promptly started an investigation of the matter by our campus police department with assistance from the local police department. The police investigation led to evidence by accessing cell phones that warranted the teacher being put on involuntary administrative leave.
Since this a personnel matter that involves students the district will not be providing any additional details beyond those released by the police or district attorney. We take this position to preserve the integrity of the ongoing investigation and to protect the privacy rights of MPS students and their families. However, I want to ensure our students and parents that the safety of our students is of the utmost importance. As such, we are continuing to fully cooperate with law enforcement as they move forward with this issue.
I find this incident to be shocking and upsetting. Every day, the Muskogee community and our MPS parents and families entrust us with the care and education of their children. And, every day, 700+ MPS team members come to our schools and campuses to do the right thing for Muskogee’s children.
MPS maintains strong processes to conduct thorough background checks and teacher evaluations. And—as in this case—we will investigate all allegations and take appropriate action to ensure our classrooms and school communities are safe. We also ask families to speak with children about what to do if they feel uncomfortable about any behavior—and to encourage and empower them to report such behavior to responsible adults.
After his arrest, Duncan was released on $10,000 bond, and until his resignation, was on involuntary administrative leave with the district. His preliminary hearing is scheduled for July 20.
The accidental shooting and killing of a fleeing suspect set off an investigation of the Tulsa County Sheriff's Office, its Reserve Deputy program, and allegations of a "pay to play" system that showed favoritism to wealthy donors to the sheriff's department.
Now, a jury has reached a verdict and recommended sentencing for Robert Bates, the reserve deputy that mistook his service weapon for his taser and fatally shot Eric Courtney Harris, 44.
The case began on April 2, 2015, when the Tulsa County Sheriff's Department conducted an undercover sting investigation into illegal gun sales. An undercover deputy met with Harris, the suspect, to attempt to buy a gun as part of the sting. When Harris became aware that he was dealing with law enforcement, he fled.
Deputies pursued. Among them was Reserve Deputy Robert Bates, 74, a wealthy insurance executive and donor of vehicles, cash, and equipment to the Tulsa County Sheriff's Office. Bates reached for his taser in an effort to subdue Harris, but accidentally grabbed his gun instead. Video footage of the incident shows Bates firing and immediately saying, "I'm sorry. I shot him."
Defense attorneys said it was a mistake anyone could have made--a common error known as "slip and capture" that frequently happens in high-stress situations. A person intends to do one thing, but his body goes on "autopilot." He "slips" from his intended action and is "captured" by a different response.
It was a mistake, not a criminal act, his attorneys argued.
Prosecutors said that Bates never should have been at the scene in the first place. He was inadequately trained, and because of his donations to the Sheriff's Office, he was allowed to "play cop" anyway. By involving himself in the situation, reaching for either a taser or weapon when other, more highly qualified individuals were available, Bates was guilty of culpable negligence.
In the end, the jury agreed with the prosecution and found Bates guilty of second degree manslaughter. According to state law, "Every killing of one human being by the act, procurement or culpable negligence of another, which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree."
The maximum sentence for second degree manslaughter is four years in prison. The jury recommended the maximum sentence for Bates. Formal sentencing is set for May 31.
Bill Cosby's accusers number in the dozens. His alleged sexual assault crimes lead more than 40 years--to December 1965. Yet due to women failing to come forward and report the alleged assaults for decades, most cases are past the statute of limitations for prosecution. Prosecutors were able to bring criminal charges in one of those cases, however--that of Andrea Constadt, who claims Cosby drugged her and sexually assaulted her at his home in 2004.
In 2005, prosecutors declined to charge Cosby with sexual assault, citing insufficient evidenced. However, in December 2015, citing new evidence, police in Montgomery County, Pennsylvania, arrested Bill Cosby. He was released on $1 million bond and ordered to surrender his passport.
The evidence came from released transcripts of a lawsuit Constadt filed against Cosby, in which he admitted to extramarital affairs, testified that he got quaaludes to give to women he wanted to have sex with, and said that he gave Constadt Benadryl the night in question. Yet throughout the lawsuit, Cosby maintained that the sexual encounters were consensual.
After Cosby's arrest, his defense team vowed to fight his prosecution, calling the charge a political ploy:
"The charge by the Montgomery County District Attorney's Office came as no surprise, filed 12 years after the alleged incident and coming on the heels of a hotly contested election for this county's DA during which this case was made the focal point. Make no mistake, we intend to mount a vigorous defense against this unjustified charge and we expect that Mr. Cosby will be exonerated by a court of law."
Cosby's attorneys fought the prosecution from the beginning. Cosby countersued Cosntadt, saying that her discussion of the case now violated the confidentiality requirements of the lawsuit and settlement. His defense team argued that the prosecution of Cosby now, some 12 years later, violated an agreement with the then-Montgomery County D.A. who said he would not file charges against Cosby if he testified at the lawsuit.
Now, though, a new D.A. has taken the helm--one who made no such agreement with the comedian. And an appeals court ruled that the agreement with the prior District Attorney does not hold. The ruling allows criminal prosecution of Bill Cosby to proceed in the 2004 sexual assault case.
Cosby's attorneys are considering whether or not to appeal the lower court's decision to the state Supreme Court.
Image credit: Ted Eytan
Earlier this month, an Atoka man was charged with first degree manslaughter for causing a DUI accident in 2015 that killed a passenger in his vehicle. Just two days later, a man in Logan County was charged with second degree murder for causing a fatal DUI accident in 2015. Two fatal DUI accidents, but two separate charges. How do Oklahoma district attorneys determine whether to charge someone with manslaughter or murder for causing a DUI fatality?
The answer lies in whether the crime resulting in death--DUI--is a misdemeanor or a felony. In general, a first DUI offense is a misdemeanor, and a second or subsequent DUI conviction is a felony. The distinction between a misdemeanor or felony charge resulting in manslaughter or murder charges lies not in Oklahoma DUI law, but in state homicide laws.
First degree murder is defined in 21 O.S. § 701.7 as a premeditated, intentional killing with "malice aforethought" or when a death occurs under one of the following conditions:
Causing a fatal DUI accident does not fall under the scope of first degree murder; however, if the impaired driver has a prior DUI under his or her belt, then he or she will be charged with second degree murder for causing a death in the commission of a felony.
According to 21 O.S. § 701.8, second degree murder occurs under one of the two following conditions:
Because a second DUI offense is a felony, then a death that results from the commission of that act--a DUI fatality--would be charged as second degree murder. Second degree murder is punishable by 10 years to life in prison.
First degree manslaughter is an unintentional death defined by state law as a homicide that occurs under one of the following circumstances:
Because a first offense of DUI is a misdemeanor, a fatal DUI accident under this circumstance would be charged as first degree manslaughter. First degree manslaughter is punishable by a minimum of four years in prison.
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An Oklahoma City police detective investigating sex crimes against an Oklahoma City municipal workers' union says that his investigation revealed claims of embezzlement against the union president.
Detective Clint Dellinger of the Oklahoma City Police Department was investigating sexual assault allegations against William Dale Bryles, 53, president of the Local 2406 of the American Federation of State, County and Municipal Employees. Dellinger says that as he questioned witnesses about the sex crime allegations, several of them "independently alleged Bryles was embezzling money from the union." Two witnesses claimed to have knowledge of Bryles using a union credit card to purchase a refrigerator for his home, and other witnesses accused Bryles of cashing union checks by forging the signature of the former vice president of the Local 2406 AFSCME.
They say his embezzlement became so rampant that they began hiding checkbooks from him. When that happened, they say, he turned to making cash withdrawals from the union bank account.
Dellinger says that bank statements seem to support the witnesses' claims, and reports say that Bryles, who makes $73,330 from the city as a union liaison, has been plagued by financial difficulty, filing for relief in bankruptcy court multiple times and as recently as 2010.
Bryles, under the advice of his attorney, is not commenting on his case.
Det. Dellinger's initial task was to investigate a rape claim against Bryles, who has been accused of rape twice before. In this case, a former union secretary went to police last fall to say that Bryles drugged and raped her in 2005. She said that as a result of counseling, she was finally able to tell her family about the assault and to notify police of the crime against her.
Bryles was also accused of rape in 1999 and 2013, but he has never been charged with a sex crime.
The penalties for embezzlement in Oklahoma vary depending upon the amount of money or value of property embezzled:
If a person embezzles public funds, regardless of the amount or value, he or she faces a maximum sentence of 10 years in prison and a fine equal to triple the value of the embezzled property.
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