It seems as if Oklahoma has faced a rash of threats of school violence in recent weeks:
Whether or not those who threatened school violence had any intention or capability of making good on those threats, police and school officials have to take every threat seriously.
You may remember that in March, Edmond police thwarted a "mass-casualty" event at Edmond North High School after police found school blueprints and "bomb-like devices" at the home of a teen who threatened the school.
And on December 14, 2012, only a few short hours before Adam Lanza opened fire on teachers and students at Sandy Hook, Bartlesville police arrested 18-year-old Sammie Eaglebear Chavez. He was ultimately convicted of planning to perform an act of violence intended to result in serious bodily injury or death. Although the crime is punishable by a maximum of 10 years in prison, Chavez was sentenced to 30 months.
There are a number of ways a person may be charged for threatening an act of violence. Most commonly, these threats are prosecuted according to 21 O.S. § 1378: Planning or threatening a violent act. Under this statute, the mere threat of violence is punishable by six months in jail. Any actual plan, attempt, or development of a scheme to commit an act of violence is a felony punishable by a maximum of 10 years in prison.
A Tulsa man has been arrested in Jenks after allegedly having oral sex with a 14-year-old boy and failing to disclose to the teen that he was infected with a sexually transmitted disease.
Police were called to a Jenks home after the teen's parents allegedly found a message on their son's phone asking if the boy was awake and available to meet for sex. When the parents realized the man who sent the text was parked outside their home, they called police.
When law enforcement arrived, they discovered Johnathan Leon Solomon, 40, parked in front of the house, allegedly waiting for the teen to come outside. They say they also recovered numerous explicit text messages from the man to the teen.
Solomon was arrested on complaints of attempted lewd molestation and soliciting sexual conduct with a minor by use of a telecommunication device. When he allegedly admitted after his arrest that he was taking prescription medication for treatment of a sexually transmitted disease, police added a complaint of spreading an infectious disease. He is held in the Tulsa County Jail on $65,000 bond.
Investigators say the minor acknowledged that the suspect had performed oral sex on him late last month, and said that he did not know that the man had been diagnosed with an STD.
Police say the investigation is ongoing, and they expect there will be additional charges related to the case. They are concerned that there may be additional victims.
Spreading an infectious disease--defined by 21 O.S. § 1192 as smallpox, syphilis, or gonorrhea--is a felony punishable by 2 to 5 years in prison.
Soliciting sexual conduct or communication with a minor by use of technology (21 O.S. § 1040.13a) is punishable by a maximum of 10 years in prison.
Attempted lewd molestation is subject to the same penalties as lewd or indecent proposals or acts to a child under 16 (21 O.S. § 1123). Under this law, sexual conduct or proposals involving a minor under 16 is punishable by a maximum of 20 years in prison if the minor is over the age of 12, or by 25 years to life in prison if the minor is under the age of 12.
If police find sufficient evidence that the suspect and the boy engaged in oral sex, the man will likely be additionally charged with forcible sodomy (21 O.S. § 888), punishable by a maximum of 20 years in prison.
Both lewd molestation and forcible sodomy are Level 3 sex crimes requiring lifetime sex offender registration for those convicted.
Jenks police arrested a 29-year-old man after they say he sent inappropriate Facebook messages to a 14-year-old girl.
Blake Ryan Lewis was arrested after Jenks police conducted an investigation prompted by a report from the girl's parents. The parents allegedly discovered "obscene" conversations between Lewis and their daughter and notified police approximately two months ago. Police reviewed the messages and "didn't feel like [they were] appropriate." They contacted the Tulsa County District Attorney's Office, who said the conversations "bordered on criminal activity."
In order to further investigate the claims, an officer took over the girl's Facebook account, continuing to pose as the girl in messages to and from Lewis. The decoy says that Lewis escalated the conversations, sending pictures, asking for pictures, and "just seeing how far she would go." No sexually explicit images were exchanged.
In order to arrest the suspect, police set up a sting at an apartment by having the decoy, posing as the girl, inviting Lewis over and saying that her parents would not be home. When Lewis was informed that her parents would not be home, he reportedly replied that he wanted to see her and give her "birthday kisses."
When Lewis arrived at the apartment, Jenks police arrested him on complaints of lewd proposals to a child under 16 and soliciting a minor by use of technology. He was booked into the Tulsa County Jail Friday morning and subsequently released on $40,000 bond.
Upon arrest, Lewis reportedly told investigators that he was just trying to be the girl's friend, and that he never would have "crossed the line" and done anything sexual with the girl.
The suspect is a youth soccer coach in Tulsa; however, the Tulsa Soccer Club terminated its relationship with him after the arrest. He is also the founder of Premier Skills Training, a youth soccer training program. He was not, however, the girl's coach, and there is no evidence that he was involved in inappropriate contact with any players.
Lewd or indecent proposals or acts to a child under 16 is punishable by 3 to 20 years in prison if the minor is aged 12 or older. If the child is under the age of 12, the crime is punishable by 25 years to life in prison. In either case, conviction requires lifetime sex offender registration.
Soliciting sexual conduct or communication with a minor by use of technology is a felony punishable by a maximum of 10 years in prison and 25 years of sex offender registration.
From a criminal defense standpoint, this case is interesting because police launched an investigation based on "inappropriate" and "borderline" behavior--not based on evidence that any law was actually broken or any crime committed. Rather, police began the investigation and allowed it to allegedly escalate to a crime. One wonders what would happen if the parents had simply confronted the suspect and told him not to contact their daughter anymore. Could this act have prevented such an escalation? Would a warning have been enough to simultaneously save a girl from sexual exploitation and save a man from criminal prosecution?
It seems likely that the defendant's attorney will look long and hard for evidence of entrapment.
With jury selection completed early this week, the trial for a former Oklahoma City police officer accused of sexually assaulting 13 women--including a 17-year-old girl--is underway.
Daniel Ken Holtzclaw, 28, was a police officer with the Oklahoma City Police Department's Springlake division when he was accused of sexually assaulting a woman in a traffic stop. After the woman reported the incident, several other women came forward with allegations against the police officer. At least one of those allegations was dismissed after a woman confessed that she made up the allegations in order to "help" the investigation against him.
Holtzclaw is accused of stopping the women in traffic stops or as they were walking through areas in his patrol. In most cases, Holtzclaw is accused of raping and sexually assaulting women who would be unlikely to report him: those with criminal backgrounds and substance abuse issues. In several instances, the officer is accused of forcing or coercing sexual activity under threat of arrest.
Since his arrest, the former police officer has been charged with dozens of crimes: 36 counts including first degree rape, second degree rape, sexual battery, indecent exposure, forcible oral sodomy, procuring lewd exhibition, first degree burglary, and stalking.
In only one case--that of the 17-year-old--was DNA from an alleged victim found on the defendant. Holtzclaw's attorney argued that it was transfer DNA which ended up in his pants when the officer used the restroom following a non-sexual encounter with the teen.
The defense argues that the women accusing Holtzclaw are not credible witnesses, referencing their criminal records and pointing out that eight of the accusers have filed lawsuits against the city. Although early reports indicated that the officer "slipped up" when he assaulted an innocent woman with no criminal record, the former police officer's defense attorney says that the woman "had smoked marijuana and used pain medication just before her encounter with the officer." The woman, whom Holtzclaw pulled over on suspicion of DUI, admitted that she had taken a hit of marijuana before the traffic stop, but counters that she was not high or under the influence of drugs when he pulled her over.
Regardless of whether or not a person is under the influence of drugs or alcohol, or whether he or she had just committed a crime, a law enforcement officer may not engage in sexual activity with a person he or she stops in the line of duty. Using the badge or the threat of arrest to coerce sexual activity is a crime. Likewise, an officer must also resist offers of sexual favors to influence the performance of his or her duties as a law officer.
The outcome of the case should be interesting as a jury decides whether the defendant is a serial sex offender hiding behind a badge or whether he is a victim of false accusations by those with a vendetta and an agenda.
At least four people have been arrested following a rash of K2 overdoses outside a Tulsa soup kitchen and throughout the city.
On Tuesday, October 20, 10 people became ill, exhibiting symptoms of K2 overdose outside the soup kitchen in downtown Tulsa. Soon, more cases became apparent around the city, and by Thursday, at least 28 people--including a 12-year-old--had been hospitalized in Tulsa after overdosing on "pink bubblegum" K2.
Now, police have arrested at least four people in connection with the incident. Two are charged with drug distribution; two others are charged with drug possession and public intoxication.
One suspect, Bamf Okeith Hunter, 29, was discovered with two bags of K2, several rolled K2 cigarettes, and loose K2. Hunter was arrested on complaints of possession with intent to distribute and public intoxication. He told police that he purchased the K2 from a nearby convenience store.
Police then served a search warrant at the Phillips 66 station in the 5500 block of East 11th Street, and found hundreds of bags of pink bubblegum K2. They arrested the cashier, identified as Abdur Rahim, 47, on complaints of possession of a controlled substance with intent to distribute.
The remaining two arrests were men who were found to be in possession of and under the influence of K2 during the overdose outbreak.
One man, Victor Ray Matthews, 20, was hospitalized during the incident after police responded to a call about an intoxicated man who had fallen into some bushes. Police described him as belligerent and aggressive before he fell unconscious and began suffering seizures. He was hospitalized for K2 overdose. After he was released from the hospital, he was charged with possession of synthetic drugs and public intoxication.
Another man, Thomas John Collishaw, 21, was also charged with K2 possession and public intoxication.
Although K2 is frequently considered "synthetic marijuana," it is important to note that the effects of K2 are often much more severe, and use of synthetic drugs is particularly dangerous since synthetic drug manufacturers are continually tweaking the formulas and chemical combination in an effort to circumvent drug laws.
Possession of a synthetic controlled substance with intent to distribute is a felony drug crime punishable by a maximum life sentence and a fine of up to $25,000--even as a first offense.
Learn more about Oklahoma's synthetic drug laws, or call Coventon Criminal Defense at (405) 417-3842 to schedule a free, confidential consultation with a drug defense lawyer in Oklahoma.
One of three Oklahoma law enforcement agents accused in separate on-duty sexual assault cases has been found guilty of sex crime charges.
Gerald Nuckolls, 27, was charged with three counts of sexual battery, two counts of indecent exposure, and one count of outraging public decency after he was accused of sexually assaulting two different women while on duty. Prosecutors subsequently dismissed the public indecency charge and one sexual battery charge, and Nuckolls was ordered to stand trial on two counts each of sexual battery and indecent exposure.
Nuckolls was first accused in September 2014 after a woman said the deputy came to her home claiming to be investigating a hang-up 9-1-1 call. She said that Nuckolls said he needed to search the premises for illegal drugs, and accompanied her into the garage. Once in the garage, she testified, Nuckolls began making inappropriate comments, pinched her breast, and pulled open the top of her dress. She said he then exposed himself to her.
After his arrest, Nuckolls told investigators the he had "a problem for pretty women," and that he had engaged in sexual contact and/or exchanged nude photos with at least six women he met on duty. Investigators contacted one of the woman that Nuckolls said he had sexual contact with, who told them that Nuckolls had exposed himself to her and forced her to touch his genitals when he responded to a call about the woman sitting alone in her vehicle and drinking.
At his trial, Nuckolls testified in his own defense, saying that, although having sexual contact with the women while on duty was unprofessional, he did not sexually assault anyone. Instead, he testified, the women initiated sexual contact. In the alleged incident in the garage, Nuckolls said, the woman pulled down her own dress, asking him if he wanted to see her tattoo.
Although he testified that a sex addiction led him to participate in inappropriate activity with the women, he says that his actions were not criminal, denying that either woman was in custody or detained. He argued that his uniform, in and of itself, is not a use of force in consensual sexual encounters.
At the end of the trial, a jury found Nuckolls guilty of one count each of sexual battery and indecent exposure while acquitting him of an additional count of each. Although he faced up to 10 years in prison for each offense, the jury recommended of four years on each count. The former Sheriff's deputy was taken into custody and held without bond pending his formal sentencing, which is scheduled for November.
A Tulsa mother has been sentenced to three concurrent life terms after pleading guilty to two counts of child neglect and one count of permitting child abuse by injury in a case involving the abuse and neglect of newborn twins. Her boyfriend, who pleaded guilty to the same charges, is sentenced to 25 years for each charge. His sentences will also run concurrently.
Clorinda Alexis Archuleta, 25, was arrested in January 2014 after bringing one of her 34-day-old twins to the hospital for swelling in his leg. In addition to the leg swelling, however, medical personnel also discovered that the infant had a broken arm, two broken legs, and a skull fracture causing bleeding of the brain. Because of the severity of the infant's injuries, his twin brother was taken into protective custody. That infant was also discovered to have sustained multiple fractures.
When questioned about the nature of her infants' injuries, Archuleta said she had "no idea" what happened to them, but then blamed her boyfriend, Joshua Benjamin Wray, 26. She told investigators that she saw him pick one of the babies up by the leg, causing the child to lose consciousness.
Her charge of permitting child abuse by injury is the result of allowing Wray to continue to be responsible for the babies' care after seeing the abuse.
In the early days of investigation, both Archuleta and Wray blamed each other for the abuse, with Wray claiming that he saw the twins' mother shake one of the infants violently and slam his head into a crib.
This blame game made it virtually impossible for prosecutors to charge either Archuleta or Wray with child abuse--no one could be certain which of the two actually injured the infants, although from their statements, it seems likely that it was both. However, both admitted to seeing the other abuse the twins and continuing to let the abusive person care for the babies. Because of this, they were charged with neglect and enabling child abuse--both crimes which carry the same penalties as child abuse.
But if both parents were charged with the same crimes, why the discrepancy in sentencing? Why sentence the mother to life, but the father to only 25 years?
There reactions to the charges may have something to do with it. A prosecutor in the case acknowledged that Wray expressed remorse for his involvement in the infants' injuries, but said that the mother never expressed remorse or accepted ownership of her responsibility, continuing to blame everyone but herself for the twins' abuse.
Also, it is not uncommon for mothers to get more significant penalties than fathers in child abuse cases. Perhaps it is an ingrained belief that mothers have more responsibility for the care of their children than fathers do. In some cases of child abuse, the mother receives a harsher penalty for enabling child abuse than the person who physically abused the child receives.
One notable Oklahoma case is that of Tondalo Hall, herself a victim of domestic violence. Hall was sentenced to 30 years in prison for enabling child abuse under Oklahoma's "failure to protect" laws. Her boyfriend--who admitted to brutally abusing their 3-month old baby, breaking her ribs and leg--was only sentenced to 2 years in prison. He was released in 2006. Hall, denied clemency last month, is not eligible for parole until 2030.
A former Oklahoma County Sheriff's Corporal charged with felony domestic violence has resigned his position with the Sheriff's Office in light of the allegations against him.
Former Cpl. Jason Lee Ledford, 40, of Oklahoma City, is accused of abusing and choking his girlfriend in the early morning hours of July 26.
Oklahoma City police responded to the scene after a neighbor called around 4:15 a.m. to report screaming. When they arrived, Ledford's girlfriend said that she and her boyfriend had gone out drinking to celebrate her birthday. After they returned to their apartment, they began arguing.
The woman said that Ledford dragged her by the hair into a bedroom, sat on her to restrain her arms, and choked her until she lost consciousness. She says during the alleged assault, she kicked and punched him in self-defense.
Ledford was not arrested at the scene, but was suspended with pay pending the investigation. His accuser filed a protective order against him in late July, but later dismissed the order at a hearing in August.
Now that the man has been formally charged with one count of domestic abuse by strangulation, he has resigned from the Sheriff's department, where he has served since 1998.
In most cases, a first offense of domestic assault and battery is a misdemeanor. However, the charge can quickly elevate to a felony.
Domestic abuse by strangulation is defined as a felony in 21 O.S. § 644 (J). Under this law, it is not necessary to choke someone to unconsciousness in order to be charged with domestic abuse by strangulation, but only to place pressure upon the neck in such a way to restrict airflow:
Any person who commits any assault and battery with intent to cause great bodily harm by strangulation or attempted strangulation against a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship as defined by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant shall, upon conviction, be guilty of domestic abuse by strangulation and shall be punished by imprisonment in the custody of the Department of Corrections for a period of not less than one (1) year nor more than three (3) years, or by a fine of not more than Three Thousand Dollars ($3,000.00), or by both such fine and imprisonment. Upon a second or subsequent conviction for a violation of this section, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for a period of not less than three (3) years nor more than ten (10) years, or by a fine of not more than Twenty Thousand Dollars ($20,000.00), or by both such fine and imprisonment. The provisions of Section 51.1 of this title shall apply to any second or subsequent conviction of a violation of this subsection. As used in this subsection, "strangulation" means any form of asphyxia; including, but not limited to, asphyxia characterized by closure of the blood vessels or air passages of the neck as a result of external pressure on the neck or the closure of the nostrils or mouth as a result of external pressure on the head.
Even as a first offense, domestic abuse by strangulation is punishable by 1 to 3 years in prison; a subsequent offense carries 3 to 10 years in prison.
Domestic violence can occur anywhere. It is not confined by economic demographic, educational status, race, or any other factor. While the NFL is recently getting a bad rap for high rates of domestic violence after its handling of the Ray Rice case, many people say the focus on the NFL is misguided, and that rates of domestic violence in the league are not higher than the national average. However, research seems to indicate that there is one group that is particularly prone to domestic assault and battery: law enforcement. Studies show that domestic violence rates among law enforcement are 2 to 4 times greater than the national average.
This summer, Oklahomans were shocked and saddened to learn that sportscaster Bob Barry, Jr., was killed in a scooter accident in northwest Oklahoma City. In the accident, a vehicle made an illegal U-turn, causing Barry's scooter to crash into the driver's side of the vehicle.
The driver, identified as Gustavo Gutierrez, 27, of Bethany, did not have a valid Oklahoma driver's license, and instead, showed responding officers his Mexican ID card. When police searched the driver, they allegedly found cocaine in his possession. Gutierrez was arrested and ultimately charged with causing an accident while driving a vehicle without a valid license and possession of a controlled dangerous substance.
He was booked into the Oklahoma County jail and held on $18,500 bond. However, even if he were to make bond, Immigration and Customs Enforcement (ICE) has put an immigration hold on his release. According to ICE, Gutierrez is in the country illegally, and has been "voluntarily returned" to Mexico three times.
In June, an immigration attorney described a typical voluntary return to a local news station: "Voluntary return normally happens near the border. The person's normally detained 30 minutes to an hour and they are witnessed leaving the country, going back across the border."
Now, the case against Gutierrez is proceeding. This week, he waived his right to a preliminary hearing, in which a judge hears evidence and testimony to determine if there is sufficient evidence to bind the defendant over for trial. By waiving his right to a preliminary hearing, the defendant, who has pleaded not guilty, will automatically face trial.
Under 47 O.S. § 11-905 of the Oklahoma motor vehicle code, causing an accident while driving without a license is penalized according to the severity of the crash and any resulting injuries:
The penalties for cocaine possession are actually more severe than those associated with causing a fatal accident while driving without a license. A first offense of cocaine possession carries a possible sentence of 2-10 years in prison.
After the defendant's arrest, there was some speculation that he could be charged with second degree murder as a result of causing a fatal accident while committing a felony for his alleged cocaine possession at the time of the crash. However, the district attorney's office chose to file the more appropriate charge of causing a fatal accident while driving without a license, since the felony drug possession did not likely contribute in any way to the accident.
An Oklahoma man wanted on complaints of lewd molestation, second degree rape, sodomy of a minor under 16, providing alcohol to a minor, witness intimidation, violating a protective order, bogus checks, and auto theft has been apprehended in Oregon, after sheriff's deputies and police found him sleeping in the stolen vehicle he allegedly used to elude prosecution in Kingfisher and Woods counties.
Robert Lee Stoddard, 40, is accused of becoming belligerent and combative when law enforcement in Oregon approached him. They say resisted arrest by "attacking" them, punching one officer in the throat and another in the mouth with enough force to knock out the arresting officer's tooth. Stoddard allegedly tried to flee on foot, but was subdued when law enforcement used a taser against him.
Stoddard is jailed in Oregon on multiple misdemeanor and felony complaints:
It may be a while before Stoddard is extradited to Oklahoma to confront the charges he is facing here, because he will likely be required to face an Oregon judge on the felony complaints against him in that state.
Most of the charges against Stoddard in Oklahoma are related to two separate criminal cases. In one, he is accused of second degree rape (statutory rape) and sodomy of a minor under the age of 16. He is also accused of providing alcohol to a minor in that case, which was filed in Woods County in January 2014.
In the more recent case, he is charged with lewd molestation of a 12-year-old girl in Kingfisher County. Early this month, police were looking for him to question him about the allegations in the case. Rightfully, the man did not wish to speak with police. However, instead of hiring a defense lawyer to do his talking for him, he went to an El Reno car dealership, took a car for a "test drive," and never returned.
Facing sex crime charges can be frightening, and certainly, one should never speak to investigators without the advice and presence of a criminal defense lawyer. However, attempting to elude prosecution by running only makes matters worse.
If you have been accused of a sex offense or involvement in any crime, maintain your right to silence and insist upon your right to an attorney. Do not speak to anyone other than your attorney about your case. Your instinct may be to run, but running doesn't solve anything. Talk to your lawyer about taking a proactive stance to your defense. We can help.
