Early this year, four Norman North High School wrestlers were accused of sexually assaulting two teammates on a bus as the junior varsity team returned from a tournament in Pauls Valley.
According to reports, the four teenagers, aged 16, 17, and 18, held down two teammates, aged 12 and 16, and assaulted them by digitally penetrating the boy over their clothing. Reports say the assaults were discovered after three of the four accused teens again tried to assault the 12-year-old before being discovered by the younger boy's parents.
But even at the time of their arrests, the teens denied that their acts were sexually motivated, saying instead that they were using a common wrestling technique called "butt-dragging," "oil-checking," or "goosing." The act, they said, was not a sexual assault, but rather horseplay.
The teens' coaches say they neither condone the move nor taught it to their wrestlers.
Since the allegations, three of the teens have been charged as youthful offenders with rape by instrumentation. The fourth teen, who is 18, has been charged as an adult with rape by instrumentation. First degree rape by instrumentation is punishable by five years to life in prison.
Now, a psychologist has evaluated three of the four accused teenagers and agrees that the assaults were not sexually motivated, and that the teens even believe that they were simply carrying out "tradition" by "initiating" younger wrestlers with the move.
The 18-year-old, who is charged as an adult, adamantly denied raping his teammates, telling the psychologist, "Maybe you can call it assault or maybe hazing, but it wasn't rape."
The fourth wrestler, who was evaluated by another worker, was allegedly "initiated" in the same way, and did not realize that his actions could be construed as criminal or sexual in nature. A youthful offender study of the 17-year-old states, "This worker believes that due to this generational event, [he] did not view the actions that were being done before him as an alleged offense, but rather as a part of the group integration."
Certainly, this move is one that is ingrained in wrestlers, whether through the instruction of their coaches or through "tradition," being passed down from older teammates as a right of passage or a maneuver on the mat. High school wrestlers across the nation are being charged with sex crimes as a result of "oil-checking" their opponents or teammates. Certainly, sexual assault cannot be condoned, even in the name of horseplay, tradition, or hazing.
Are criminal charges appropriate in these cases? Are sex crime charges appropriate for crimes that are not sexually motivated? How do you think these cases should be handled?
An assistant band director with Union Public Schools has been arrested by U.S. Marshals on child sexual exploitation and child pornography charges.
Investigators say that James Wilson, 31, contacted a 12-year-old Canadian girl via Kik and began an online sexual relationship with the girl. According to reports, Wilson purported to be a 15-year-old boy named "Steven" who found the girl's Kik username from his sister's Instagram account.
"Steven" and the girl conversed via Kik for a couple of weeks, beginning in October 2014, before Wilson allegedly began asking the girl to send nude photos of herself to him. The girl sent sexually explicit photos to Wilson, and she told investigators that he would send her unsolicited nude photos and videos of himself.
The communication and exchange of sexual images continued until recently, when the girl's mother notified Royal Canadian Mounted Police that she found sexually explicit messages on her daughter's iPod. Canadian authorities then tracked the Kik username and IP address to Wilson at his Tulsa home and a nearby restaurant.
United States authorities then executed a search warrant at Wilson's home after he left to go to Union Public Schools Sixth and Seventh Grade Center. While at the home, investigators allegedly found and seized a computer and electronic storage devices and a hard drive containing at least 235 images of child pornography.
After his arrest, Wilson allegedly admitted to using Kik to contact a child under 16 and exchange sexually explicit images, but he denied ownership of the hard drive containing child pornography.
Upon learning of his arraignment in federal court, Union Public Schools suspended the assistant band instructor. He resigned the following day. Union Public School officials released the following statement regarding the allegations and arrest:
"Union Public Schools has suspended assistant band instructor James Wilson after learning of his arrest and arraignment in federal court today on child pornography charges. Wilson was hired by the district in August of 2012. The district will continue to cooperate with law enforcement authorities as they conduct their investigation."
Wilson is held in the custody of U.S. Marshals on complaints of attempting to sexually exploit children, transferring obscene material to a minor and possessing child pornography.
Image Credit: U.S. Marshals Service
A 51-year-old Moore High School teacher is charged with forcible sodomy after allegedly committing sex acts with a 17-year-old high school student.
On March 4, Moore Public Schools officials became aware of allegations of an inappropriate relationship between Sandra G. Mayfield, of Norman, and the student. The teacher was placed on administrative leave, and the case was turned over to law enforcement for investigation.
Investigators say Mayfield picked up the teen around 8:30 p.m. on February 27, and that the two drove around together for several hours. Reports say the two are seen together on surveillance cameras around town, and that they are seen hugging and kissing in some of the footage.
In the early morning hours of February 28, according to investigators, the woman drove the teen to a local park, where the two got in the back seat of her vehicle, and she performed oral sex on him.
As a result of the investigation, Mayfield was charged in Cleveland County District Court with a single charge of forcible sodomy. A warrant was issued for her arrest, and she appeared with her attorney before a judge. Although the district attorney's office requested $20,000 bond, the judge set bond at $1,000.
Forcible sodomy is a felony sex crime typically referring to non-consensual oral sex. In this case, the teen allegedly involved was 17--past Oklahoma's age of consent, which is 16. However, under state law, no student under the age of 20 has the legal capacity to consent to sexual activity with any employee, aged 18 or older, of the same school system the student attends.
Oklahoma law, in 21 O.S. § 888, defines the following acts as forcible sodomy:
1. Sodomy committed by a person over eighteen (18) years of age upon a person under sixteen (16) years of age; or
2. Sodomy committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime; or
3. Sodomy accomplished with any person by means of force, violence, or threats of force or violence accompanied by apparent power of execution regardless of the age of the victim or the person committing the crime; or
4. Sodomy committed by a state, county, municipal or political subdivision employee or a contractor or an employee of a contractor of the state, a county, a municipality or political subdivision of this state upon a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state; or
5. Sodomy committed upon a person who is at least sixteen (16) years of age but less than twenty (20) years of age and is a student of any public or private secondary school, junior high or high school, or public vocational school, with a person who is eighteen (18) years of age or older and is employed by the same school system.
Forcible sodomy is a felony sex crime punishable by a maximum of 20 years in prison. Under the Oklahoma Sex Offender Registration Act, it is a Level 3 sex offense mandating lifetime sex offender registration.
Image credit: Michael Coghlan
One of the dangers of teen sexting is that kids never know where their sexually explicit images could end up. We warn our children about talking to strangers on the internet. We warn our teens that the images they send to friends, boyfriends, and girlfriends could end up with a much broader reach. And now, one case shows just how disturbing these truths may be.
A 41-year-old man in New York set up a number of social media profiles purporting to be a 16-year-old boy. Through these profiles,he began to message a 14-year-old girl, establishing as the girl's online boyfriend. He began to send the young teen sexually explicit messages and to request nude photos from the girl.
She sent some images to the "boy," but then tried to end their online relationship, saying he was too persistent in pursuing sex: "That’s another reason I’m leaving. All you talk about is sex sex and more sex. Honestly that is not what a relationship is about.”
The man threatened to forward the pictures she had already sent him to her father if she did not send more, and told her that he would stop bothering her if she would just send him some more nude photos.
The scenario sounds like the typical "internet predator" situation, in which an adult tries to solicit sexual communication or sexually explicit images from a minor; however, this case has a disturbing twist. The man who created the fake profile was the 14-year-old girl's own father. He hatched an elaborate plan to trick his daughter into sending him pornographic images of herself.
Unfortunately for the girl, the abuse did not end when she ended the relationship with the fake boyfriend. Instead, the girl's father later told her that the boy had, in fact, sent him the images, and that he liked them. He then began sexually abusing the child, referring to the photos as he molested her.
The abuse ended when the girl reported it to a school nurse.
Earlier this month, the man pleaded guilty in federal court to 12 criminal counts including enticing a child to produce child pornography, sending child pornography, and receiving child pornography. He faces up to 250 years at sentencing.
Investigators are saying that the death of an Oklahoma County Jail inmate found hanging in his cell was a suicide.
Jail workers discovered the body of Dale Schmidt, 58, in his cell on Sunday, two days after his arrest on a complaint of lewd acts with a minor. The OSBI reports that Schmidt was the only occupant of the cell at the time of his death.
The man was arrested on March 11 after Oklahoma City police received a call about a child molestation. A 13-year-old boy told police that Schmidt came to his house and said that the boy's father said the teen could come to Schmidt's home for a lesson in tuning a guitar. The boy says he went to Schmidt's house with him, but when he arrived, the older man began to tickle him on his stomach and upper thigh. He reported that the man then made him lie on the bed and said, "Let's see if he's a big boy," as he attempted to pull down the boy's shorts.
The 13-year-old ran from the house and reported the incident. The teen's father said that he never told Schmidt he could teach the boy to tune a guitar or anything else.
When police arrived at Schmidt's home to arrest him, they asked if he knew why they were there. He replied that they were there because he tried "to tickle a boy."
The man's apparent suicide is the second suicide by a sex crime suspect in recent weeks. In late February, a Putnam City North High School teacher's assistant and coach died of a self-inflicted gunshot wound the day after a warrant was issued for his arrest on charges related to an alleged relationship with a 16-year-old student. In that case, police arrived at the home of Leo Edmiral Mackie, 43, looking for a burglary suspect in an unrelated case. When Mackie saw police, he allegedly panicked, running into the house and shooting himself rather than being arrested on second degree rape charges.
There is no question that being accused of a sex crime is one of the most difficult charges a person can face. Often, a sex crime defendant will be considered guilty unless he or she is proven innocent, in direct contrast with the way presumption of innocence is supposed to work. Additionally, the consequences of conviction are severe, in many cases, lasting a lifetime through sex offender registration.
Still, even though a sex crime allegation can lead to a bleak time in someone's life, it is important to remember that there are viable defense options, and taking one's own life should not be considered a reasonable solution. To learn more about sex crime defense in Oklahoma, call (405) 417-4832.
An Oklahoma man who has spent much of the last 27 years in prison could be headed back after he was arrested for allegedly robbing a convenience store.
Reports say frustration with a declined food stamp card led Felma Thomas, 50, to rob the store. A clerk at a south Oklahoma City convenience store says the man attempted to buy several items with an EBT (food stamps) card. His first transaction was declined after the man entered the incorrect PIN. He tried again, entering the correct PIN, but the card was declined for insufficient funds. The clerk told police that the man stated he must have the wrong card. He left the store and returned to purchase the items, but again, the card was declined for insufficient funds.
That must have been the final straw for the man, who allegedly drew a knife and said, "Okay, I'm done b***s****ing. Give me the money. Give me the money from the drawer."
The man took money from the cash register and the clerk and left. However, police were able to identify the man as Thomas using a serial number on the EBT card and surveillance video from the convenience store. They then tracked him down at a recycling center he is known to frequent and arrested him on a complaint of robbery with a dangerous weapon. He is held in the Oklahoma County Jail on complaints of robbery with a dangerous weapon. He is held on $40,000 bond.
Thomas has spent much of the years from 1989 through 2011 in prison for crimes including burglary, forgery, possession of a stolen vehicle, and possession of contraband in a penal institution. He has been on probation since his release from prison. However, after more than four years out of prison, an act of frustration with an inability to purchase items with food stamps could send him back to prison for a very long time.
Robbery or attempted robbery with a dangerous weapon or imitation firearm is a violent felony punishable by five years to life in prison. It is an 85 percent crime requiring anyone convicted to serve a minimum of 85 percent of the sentence before becoming eligible for parole. With multiple convictions in Payne County, Tillman County, Cleveland County, Pittsburg County, and Oklahoma County, it seems unlikely that a judge would show leniency in sentencing for armed robbery.
Still, the case highlights frustration faced by many people after they have been convicted of a crime and struggle to make a living outside of prison. A cycle of poverty can also lead to a cycle of crime.
Hennessey High School is starting to get a reputation for coaches involved in relationships with students, and the arrest of a former Hennessey girls' basketball and volleyball coach is certainly trying to cement that reputation.
Ronald Joseph "RJ" Ramer began coaching at Hennessey High School after the previous girls' basketball coach, Marty McBride, resigned amid allegations that he had inappropriate electronic communication with a student. The Kingfisher County district attorney declined to file charges against the former coach, finding that although the communication may have been inappropriate and unprofessional, it did not qualify as criminal.
The school district changed its policies regarding electronic communication between teachers and students, and Ramer stepped in as coach, saying he did not know much about the situation with McBride, but understood that it was "a mess."
Now Ramer finds himself in a similar--but even more serious--mess. According to reports, Ramer began coaching at Hennessey High School in July 2015. On October 27, he allegedly sent a Facebook message to one of his volleyball players. That message sparked a series of inappropriate conversations in which Ramer allegedly complimented the girl's appearance, told her he dreamed about her, told her he loved her, and said he looked forward to spending time with her.
The girl told investigators that Ramer arranged for her to meet him outside of school functions on at least four occasions, and said the coach hugged her and kissed her neck, cheek, and lips.
Amid allegations of an inappropriate relationship with a student, Ramer resigned from Hennessey schools in December after only six months.
Unlike his predecessor, Ramer has been arrested for the alleged relationship. He is charged in Kingfisher County with sexual battery and soliciting sexual conduct or communication with a minor by use of technology.
The OSBI accuses Ramer of being non-compliant by failing to come to his residence for the execution of the search warrant and by telling investigators that he threw his cell phone out of his truck window and did not remember where he lost it.
If convicted of sexual battery, the former coach faces up to 10 years in prison and lifetime sex offender registration. Soliciting sexual conduct or communication with a minor by use of technology is likewise punishable by a maximum of 10 years in prison.
In addition to the allegations against McBride and Ramer, two other Hennessey coaches have been accused of sex crimes in recent years.
In 2011, former baseball coach Mike Conway and former girls' basketball coach Ben Davis Forsythe each pleaded guilty in separate sex crime cases.
Conway was charged with multiple sex crimes related to the sexual abuse that began when the victim was 13 years old and continued over a span of 5 years. He was convicted of 22 sex offenses, including forcible sodomy, second degree rape by instrumentation, and multiple counts of lewd molestation and lewd or indecent proposals to a minor. He was sentenced to 10 years in prison followed by 30 years of supervised probation.
Forsythe, then 33, pleaded guilty to two counts of second degree rape for having sex with an 18-year-old student. A judge sentenced him to 90 days in Kingfisher jail followed by two 10-year suspended sentences.
Both Conway and Forsythe are subject to lifetime sex offender registration.
In July 2014, incoming University of Oklahoma Sooners football player Joe Mixon got into a verbal altercation with a female student at a restaurant near campus. The altercation ended when Mixon punched the woman in the face, knocking her out. What followed was a debate over whether Mixon was acting in self defense after an alleged assault (the woman reportedly slapped him first), or whether he was the perpetrator of a violent assault.
Eventually, Mixon was charged with "acts resulting in gross injury." He entered an Alford plea and he was given a deferred sentence, requiring him to complete probation that included 100 hours of community service and cognitive behavior counseling.
Although the case has been adjudicated, the issue of the surveillance video capturing the incident still looms. When the incident occurred in 2014, the Oklahoma Association of Broadcasters (OAB) filed a lawsuit to try to force the Norman Police Department and the Cleveland County District Attorney's Office to release the video under the Open Records Act.
Instead, certain members of the OAB were allowed to view the video in a private screening. They were not allowed to have a copy of the video, nor were they allowed to record it during the viewing.
The OAB lawsuit said that the video screening fell short of the city's obligations under the Open Records Act and continued the lawsuit, demanding the release of the video.
However, the District Attorney's Office and the Norman Police Department argued that the surveillance video did not meet the requirements of a public record for several reasons, including the following:
Cleveland County District Judge Thad Balkman dismissed the lawsuit, and the OAB appealed.
On Monday, the Oklahoma court of civil appeals ruled that Judge Balkman erred in dismissing the lawsuit:
Based on the record and applicable facts, we conclude the trial court erred in dismissing OAB's petition for injunctive and declaratory relief because it has alleged a cognizable legal theory for access to the surveillance video pursuant to 51 O.S. 2011 § 24A.8(B) and the trial court made no determination that the reasons for denial of access (whatever they may be) outweigh the public's interest to access the surveillance video, a public record. Accordingly, we reverse the Order and remand the cause for further proceedings.
Although the appeals court has found that the Mixon tape is, in fact, a public record, this does not mean that they ordered its release. Instead, they are sending the lawsuit back to Judge Balkman, who must now determine whether or not the denial of access outweigh's public interest in viewing the recording.
At this point, the case has been adjudicated. Mixon has served his suspension and his sentence. What good could come of the release of the tape now? According to Oklahoma sports reporter Barry Tramel, the case is no longer about the Mixon tape and what it reveals, but rather it becomes an important demonstration of government accountability in upholding the Open Records Act.
What do you think? Should the Joe Mixon tape be released to the public?
From a young age, children are taught about "stranger danger," even though stranger abductions are the most rare type of kidnapping. Only a small percentage of child abductions are committed by strangers who select a child at random. Most child abductions are committed by a family member--often a non-custodial parent--or a family friend or other person known to the child.
Still, stranger abductions do occur, and when a child is snatched by a stranger, it is a truly horrifying ordeal. Just over two years ago, on November 8, 2014, such a scenario played out in Ardmore, when a witness called 9-1-1 to report that he saw a girl being dragged into a silver PT Cruiser.
Police began a search for the 7-year-old girl, and they got a break early the next morning when a tipster in Marietta, some 17 miles south of Ardmore, called police to report that he or she knew someone who drove a silver PT Cruiser.
That tip led them to the home of Fount Duston. When they arrived at Duston's home, the suspect pointed a shotgun at officers. Despite this, he was apprehended and the child was rescued and reunited with her parents.
Duston, then 34, was charged in Love County with multiple felonies, including kidnapping, first degree rape and rape by instrumentation, lewd acts with a child under 16, feloniously pointing a firearm, possession of a firearm in the commission of a felony, furnishing alcohol to a minor, and possession of child pornography.
Last month, Duston pleaded guilty to 14 felony counts. He was sentenced this week.
The defendant's attorney argued for leniency, saying that Duston was a victim of abuse who was plagued by Post Traumatic Stress Disorder (PTSD) and mental health issues. However, the judge determined that the egregiousness of Duston's crimes merited severe sentencing.
Judge Wallace Coppedge handed down sentences for each of the 14 crimes, ranging from 5 years to life without parole. Although some of the sentences are ordered to run consecutively, the distinction is largely symbolic. With a sentence of life without parole, Fount Duston will remain behind bars for the rest of his life.
Attorneys of the defendant have filed notice of their intent to appeal.
If you have an arrest record, a court record, or a criminal conviction, you have likely dealt with some difficult circumstances as a result of that blemish on your history. Often, a criminal record can disqualify an applicant from getting a job, can prevent someone from securing a home or apartment lease, can cause difficulty in gaining admission to college, or keep someone from getting a financial loan. If you have ever faced such a situation, you know firsthand how important it can be to clear your criminal record.
Fortunately, Oklahoma law provides a couple of different ways a person may qualify for record expungement.
Perhaps the most common type of record expungement in Oklahoma is the expungement of the court record following a deferred sentence. This type of expungement, often called a Section 991c expungement, is available to defendants who receive a deferred sentence after pleading guilty to a crime and successfully complete the probation associated with the delayed sentencing.
In this type of situation, after the defendant enters a guilty plea, the judge does not immediately accept the plea and render judgement. Instead, he or she gives the defendant probation and defers judgement to allow the defendant time to complete probation. If the defendant fails to adhere to the terms of probation, the District Attorney will file a Motion to Accelerate (MTA) sentencing. The judge will likely then accept the guilty plea and sentence the defendant to jail or prison.
If the defendant complies with his or her probation, then at the end of the probationary term, the defendant's plea is changed to not guilty and the judge dismisses the case. There is no conviction and the defendant's name is stricken from court records.
Another type of expungement is called the Section 18/19 expungement, and this type of expungement is typically preferable, as it not only removes the defendant's name from the court record, but also erases the arrest record on file with the OSBI. Sometimes called a "full expungement," the Section 18/19 expungement is more difficult to obtain. In order to qualify, the petitioner must meet one or more of twelve criteria found in 22 O.S. § 18.
These criteria include acquittal, subsequent exoneration by DNA evidence, dismissal of the case after reversal on appeal, a full pardon by the governor with a finding of actual innocence, or no charges of any kind being filed after arrest.
However, there are also several instances in which a person's record may be expunged even if he or she was not found innocent or did not have all charges dismissed. These include nonviolent felony and misdemeanor convictions (or deferred sentences) that are accompanied by no further criminal activity within a specified period of time. Read the full list of qualifiers.
There are also ways to get record of a Victim's Protective Order (VPO) expunged. In some specific cases, a person may even petition for removal from the Oklahoma Sex Offender Registry. To learn more, contact Oklahoma criminal defense attorney Ryan Coventon at (405) 417-3842, or submit our online case review form to schedule a free, confidential consultation.
