A Latimer County Sheriff's deputy who had been in charge of the drug evidence room was recently fired from his job. While losing a job is tough, things were about to get a lot worse for Bobby Joe Eubanks. According to the OSBI, as the sheriff cleaned out the former deputy's patrol vehicle, he discovered drug evidence in the car. Sheriff Jesse James contacted the OSBI, who determined that the drug evidence had been submitted to them for testing in 2011, and that the substance was methamphetamine.
OSBI investigators say that when they questioned Eubanks about the drug evidence found in his patrol vehicle, he admitted that he had twice stolen drugs from the evidence room he oversaw. He allegedly told them that he used meth to handle post-traumatic stress disorder (PTSD) that he suffers as a result of a deployment to Afghanistan as a member of the Army National Guard prior to his employment with the Latimer County Sheriff's Department.
Eubanks was arrested and released on bond. He is charged with larceny of a controlled dangerous substance, a felony.
In the Uniform Controlled Dangerous Substances Act, theft of a controlled substance is prohibited under 63 O.S.§ 2-403:
Any person found guilty of larceny, burglary or theft of controlled dangerous substances is guilty of a felony punishable by imprisonment for a period not to exceed ten (10) years. A second or subsequent offense under this subsection is a felony punishable by imprisonment for not less than ten (10) years. Convictions for second or subsequent violations of this subsection shall not be subject to statutory provisions for suspended sentences, deferred sentences or probation.
With a maximum of 10 years in prison on the first offense, and a minimum of 10 years in prison on a second or subsequent offense, it is clear that the Oklahoma government takes drug theft very seriously.
The same statute hands down even heavier penalties for drug robbery, such as robbing a pharmacy:
Any person found guilty of robbery or attempted robbery of controlled dangerous substances from a practitioner, manufacturer, distributor or agent thereof as defined in Section 2-101 63-2-101 of this title is guilty of a felony punishable by imprisonment for a period of not less than five (5) years, and such sentence shall not be subject to statutory provisions for suspended sentences, deferred sentences or probation. A second or subsequent offense under this subsection is a felony punishable by life imprisonment. Convictions for second or subsequent offenses of this subsection shall not be subject to statutory provisions for suspended sentences, deferred sentences or probation.
On the first offense, attempted robbery of controlled substances from a pharmacy, drug manufacturer or distributor, drug rep, or doctor is punishable by a minimum of 5 years in prison. Second or subsequent drug robberies or attempts carry a life sentence.
Oklahoma has notoriously tough drug laws, and the state's struggle with meth addiction and prescription drug addiction has not been alleviated by harsh penalties. Treating, rather than punishing, might do more to reduce the state's drug problem. Learn about Oklahoma drug courts and alternative sentencing by calling to speak with an attorney.
In early January, police were summoned to a Bartlesville apartment in response to a call about a dead infant. When they arrived, they found that a 3-month-old baby girl had died. The infant's mother, Brittany Cherokee Dawn Bell, 27, told police that she had placed the baby in a crib to nap, but when she returned to check on her, the child had stopped breathing.
Upon further questioning, police say, the mother changed her story. They say she admitted to placing the child on the floor while she fell asleep as her 18-month-old twins watched a movie. She said that she was afraid that one or both of the twins had killed their little sister by sitting on her and suffocating her.
Now, the investigation into the baby's death has led Washington County prosecutors to charge the mother with child neglect. They say they were unable to file child abuse murder charges against the mother, because the cause of the child's death could not be determined. A medical examiner ruled the cause of death "sudden unexplained infant death with the manner of death undetermined," according to a report in the Tulsa World. But while the Medical Examiner's Office could not determine the manner of death, one thing they discovered indicated horrific neglect.
They say that tiny abrasions found on the baby's body were caused by roach bites.
Bartlesville police investigator Jim Warring stated in an affidavit, "Based on Bell’s own statements, I can conclude that she laid the baby on the floor and fell asleep without waking during which time Alice may have been suffocated by one or both of her twins or became distressed due to the surface of the floor and suffocated. Also enough time passed that roaches were able to start feeding on both the baby’s legs and head. All of this took place less than 10 feet from the couch where Bell was reportedly sleeping.”
Whether the baby's death was caused by SIDS, accidental suffocation by her toddler siblings, improper bedding, or other cause, the fact that the infant lay on the floor long enough to be bitten repeatedly by roaches is concerning, to say the least.
Bell has now been charged in Washington County with child neglect. Prosecutors say that, in addition to the conditions under which the infant and toddlers were found, further evidence of neglect comes from a New Year's Eve phone call from a neighbor, who was concerned that the three babies had been left unattended. Bell showed up at the home approximately five minutes after police arrived, saying she had only been gone a short time and acting like "it was not a big deal."
The infant died about a week later.
In Oklahoma, child neglect is a felony offense, punishable by a maximum of life in prison.
An Oklahoma City man was arrested last week after allegedly sharing images of child pornography with an undercover officer on a file sharing site.
A multi-agency task force served an arrest warrant at the home of David Michael Erwin, 57, arresting the man on complaints of possession of child pornography, distribution of child pornography, and violation of the Oklahoma Computer Crimes Act. Investigators seized a computer and related technology from the man's home, and they say additional felony charges may be pending after examination of the devices.
In Oklahoma, many child pornography arrests are the result of undercover investigations by law enforcement agencies and groups such as the Internet Crimes Against Children (ICAC) task force. These investigations involve an undercover office or officers who log onto file sharing sights known to involve child pornography. When a person downloads a child pornography image or shares an image with another user, who turns out to be a law enforcement officer, the person's IP address is tracked and the he or she is arrested for possession and/or distribution of child pornography.
Child pornography is defined by both state and federal law to include sexually explicit images of anyone under the age of 18. There are a number of Oklahoma laws against child pornography:
Additionally, using a computer or computer network to download, store, or share child pornography is a separate offense in violation of the Oklahoma Computer Crimes Act. Using a computer to violate any state law is a separate and additional charge that is punishable by a maximum of five years in prison and a fine of up to $5,000 in addition to any sentence received for conviction of possession or distribution of child pornography.
Learn more about Oklahoma child pornography laws, or call (405) 417-3842 for a free case review.
Last month, prosecutors in Grady County charged a Tuttle man with multiple felony complaints after he was accused of holding at least three young women against their will in the home he shared with his parents. Now, two of those women have testified at a preliminary hearing about their alleged experiences.
Oklahoma City police were investigating Gregory Zavala, 23, for allegations of crimes in Oklahoma County when they became aware of the alleged kidnappings and rapes of the three women between 2011 and 2013. At least two of the accusers were teens at the time of their alleged captivity. OKC police and the Oklahoma County District Attorney's Office tipped off Grady County authorities about the allegations. After investigators questioned witnesses in the case, U.S. Marshals arrested Zavala near his home.
He was taken to the Grady County jail, where he is held on $2 million bond. In Grady County, he is charged with eight counts of child sexual abuse, and one count of possession of child pornography.
He is also charged in Lincoln County with one count of harboring a runaway and in Oklahoma County with DUI, reckless driving, and domestic assault and battery.
The women who accuse Zavala of kidnapping, rape, and assault say that they were held against their will and threatened with violence if they ever left the home. Two say they were lured to his home and then not allowed to leave. A third says she was homeless and dating Zavala, and when she went to live with him, he took her cell phone and had her car towed.
The two women who testified at his preliminary hearing said that they were ultimately able to escape by using a cell phone. One said Zavala's mother left her cell phone behind when she left the home, and the girl used it to call a family member to come get her. Another says that she saved change from the man's pockets when she did his laundry and used it to buy a prepaid cell phone.
Zavala's defense attorney questioned the women about their captivity and their alleged inability to escape. One, who said Zavala held her for about a year, was allowed to leave the home to work. Another said that Zavala would not allow her to leave the house without his permission from January through August of 2012, but then admitted that she escaped once in "June or July." She says that after she left that time, Zavala found her and "said that [she] should go back with him."
The women say that their fear of Zavala kept them from leaving and kept them from filing a protective order or calling police. One said Zavala told her the only way she was leaving was "in a body bag," and another says that Zavala told her he shot a girl who filed a protective order against him.
Currently, Zavala is the subject of at least four protective orders, barring him from contact with two of the women in the alleged captivity case, the teen runaway he is accused of harboring, and another girl in Oklahoma County.
Under Oklahoma's social host laws, it is illegal to permit anyone under the age of 21 to possess or drink alcohol in your home or on your property. In most cases, social host violations are misdemeanors, and the maximum penalty is a $500 fine.
However, allowing minors to drink on your property can bring much more serious consequences than a fine. Two adults in Cleveland County are finding this out the hard way.
Early Sunday morning, Cleveland County Sheriff's deputies were called to a home in Lexington to check on an unresponsive teen. Deputies found the body of a 15-year-old boy, and said there were no apparent injuries or signs of trauma.
Witnesses say that a party had been going on at the home where the teen was found, and that several underage guests were drinking at the party. Although autopsy reports are pending, investigators believe alcohol consumption was a factor in the boy's death.
Now, deputies have arrested two adults in connection with the teen's death. They say that Tonya Lynne Moss, 32, and Justin David Moore, 34, allowed minors to drink on their property during the party. They have been booked into the Cleveland County jail on multiple complaints.
Both Moss and Moore are charged with contributing to the delinquency of a minor and permitting an invitee under 21 to possess or consume alcohol, resulting in death. Each person faces additional charges as well.
Moss, who is currently on probation for a deferred sentence for DUI and drug possession, is also charged with possession of a firearm during probation and child neglect.
Moore's additional charges include carrying a loadd firearm and transporting a loaded firearm in a motor vehicle.
Oklahoma social host laws are found in 37 O.S. § 8.2. The penalties for permitting an invitee under 21 to drink alcohol or low-point beer vary depending on whether it is a first offense or subsequent offense and whether anyone was harmed as a result:
Often, those who violate social host laws are subject to not only criminal penalties, but also civil litigation as well. If, for example, an adult allows a minor to drink on his or her property, and that minor is then involved in a DUI accident, the host is likely to find himself or herself to be a defendant in a civil lawsuit.
Often, parents think that their teens are going to be drinking anyway, so they might as well allow them to drink in their homes, where they won't be tempted to drink and drive. However, extending that "hospitality" to their children's friends can lead to heartache for everyone involved.
A man accused of molesting as many as five children was sentenced this week after pleading guilty to sex offenses against one of them.
Billy Joe Stuart, 61, is a former city councilor in Jay, Oklahoma. Earlier this year, he was arrested on complaints of sexually abusing a 14-year-old girl over the course of nearly two years. Investigators say he raped and sexually assaulted the girl "30 to 60 times" between June 2003 and March 2005 and made her watch pornographic videos.
When he was arrested, police say, he admitted to sexually abusing five children hundreds of times over the past 10 years. Prosecutors say he may face additional charges relating to those allegations.
For now, though, his current sentence makes it unlikely that he will ever be free from prison, whether or not he is ultimately charged and convicted of other crimes.
Earlier this week, Stuart pleaded guilty to four charges related to the molestation of the young teen girl:
A Delaware County judge sentenced the man to 15 years in prison for second degree rape and 20 years in prison for each of the remaining felony charges. The judge ordered the sentences to run consecutively, meaning the 61-year-old man is sentenced to 75 years in prison. Additionally, the judge ordered that 85 percent of his sentence must be served before the man becomes eligible for parole. Both lewd molestation and forcible sodomy are among the "85 Percent Crimes" listed in 21 O.S. §13.1.
For all charges, the judge handed down the maximum sentence allowable.
In the unlikely event that Stuart is released from prison, he will be required to register as a sex offender for the remainder of his life.
In cases involving sex crimes against minors, penalties have a broad range. For example, second degree rape, or statutory rape, has a penalty ranging from 1 to 15 years. Lewd or indecent proposals or acts to a child under 16, has a penalty range of 1 to 20 years--unless the child is under 12, which severely enhances the penalty.
In determining the appropriate sentence, a judge must consider all elements of the case. In a second degree rape case, a 19-year-old charged after having sex with his 15-year-old girlfriend will receive a much lighter sentence than a 50-year-old man accused of multiple sex crimes, whether through repeated incidents of molestation or through multiple victims.
Admission to molesting several children or confessing to sexually abusing a child dozens of times will never help the defendant's case. Anyone accused of a sex offense should immediately retain legal counsel to help avoid making mistakes that can cause unduly harsh punishment.
Image Credit: my_southborough
In November 2013, a couple took their toddler shopping at Penn Square Mall to take advantage of Black Friday deals. Around 2:30 in the morning, as they loaded their packages into the car and began to buckle the child into his car seat, two men approached them.
One of the men flashed a gun and said, "We don’t want any trouble, we don’t want to have a scene. Give us your wallet, your purse, your car keys, your phone, everything.”
The mother quickly unbuckled her son from his seat and pulled him from the car. The two men then drove away with the family's vehicle and approximately $1,400 in purchases.
A few days later, police released footage of a suspected robber from inside the mall. The woman said that the man shown in the surveillance tape looked like one of the men who robbed her and her husband. An anonymous tip led to the arrest of 18-year-old Ryan Justin Alexander.
Alexander, now 19, denied his involvement in the robbery and carjacking and pleaded not guilty to the charges against him. This week, he stood trial on the charges.
After the three-day trial, an Oklahoma County District Court jury returned its verdict: not guilty.
According to Alexander's defense attorney, the police simply stopped looking for any suspects in the robbery as soon as they "found a black man who somewhat fit the description." The defendant's lawyer noted that the couple's vehicle, which was found prior to the start of the trial, contained no evidence linking his client to the crime.
Relying on eyewitness testimony as the only evidence linking someone to a crime is flawed and dangerous. Studies prove that eyewitness testimony is unreliable:
Eyewitness testimony alone should never be enough to convict a defendant, but unfortunately, jurors tend to think that eyewitness identification is infallible. However, a skillful defense attorney can demonstrate holes in that theory and highlight the unreliability of memory and identification, particularly in the absence of real evidence.
After a preliminary hearing in which paramedics and hospital employees testified about a woman's apparent drug use and lack of concern for her newborn, a Tulsa County judge found there was sufficient evidence to order the woman to stand trial on child neglect charges.
Prosecutors say Candace Marie Stanley, 21, was under the influence of drugs and had several drugs in her system when she delivered a baby boy in December. Paramedics say that they responded to the apartment after receiving intermittent 9-1-1 calls from the residence, some of which referenced an "alien" on the scene.
At Stanley's preliminary hearing, a paramedic described the scene as a "drug hovel," and said that first responders found Stanley naked and bleeding on a couch, holding an umbilical cord in her hand. They found a newborn infant lying on a container of trash. The paramedic testified that Stanley refused to hold or acknowledge the baby, even though she told the woman that her warmth was needed to resuscitate the unresponsive infant. She allegedly told emergency medical personnel that she didn't know she was pregnant and just woke up from a nap with the baby between her legs.
The paramedic also testified that Stanley exhibited behaviors consistent with an altered mental state caused by drug use, and that she told paramedics that two men held her down and forced her to smoke marijuana.
The baby tested positive for alprazolam (Xanax), marijuana, and methamphetamine.
The child had to have surgery for a birth defect within days of his birth.
Hospital workers testified that Stanley said that she knew that she was pregnant prior to giving birth, and said she admitted to being a heroin user who also used meth when heroin was not available. They say she told them that vampires were going to get her while she was in the hospital. She tested positive for amphetamine.
Stanley's defense attorney argues that the woman's altered mental state could have been caused by shock from blood loss during the home delivery. She countered that he child's birth defects could be attributed to the woman's use of prescribed ondanestron (Zofran), an anti-nausea medication commonly prescribed to pregnant women and which has recently been linked to birth defects.
Another concerning feature of the case is that criminal charges for unhealthy habits in pregnancy is a "slippery slope," which could also prevent women with substance abuse issues from getting appropriate prenatal care.
A report in The Oklahoman describes the state's first case of a woman charged with child neglect for substance abuse while pregnant. In that case, the state filed charges after the woman gave birth three drug exposed infants within three years. All told, she lost parental rights to seven children because of drug abuse. Daiquiri Miller pleaded guilty to child neglect, and a Tulsa County judge sentenced her to 10 years in prison.
An Oklahoma City homeowner got more than he bargained for when he took a swing at Oklahoma City police officers.
Police investigating the smell of marijuana in an Oklahoma City neighborhood traced the odor to a back yard in the 400 block of SE 18th Street. As they approached the home, a man came outside and asked the officers what was happening. The man was told to go back inside while they investigated.
When they entered the back yard, the police officers found a man who was allegedly "very intoxicated and smelled like marijuana." They arrested the man on a complaint of public intoxication.
At that time, the man inside the home, identified as homeowner Alex Cervantes, came outside again and allegedly became belligerent and aggressive with officers. According to reports, an officer placed a hand on Cervantes's shoulder to guide him to a patrol car, and Cervantes swung at the officer, striking him.
A struggle ensued, and police arrested the man on multiple complaints:
The social host violation was a result of two minors in possession of beer at the home.
Cervantes has a prior Oklahoma County conviction for possession of methamphetamine.
Assault on a police officer is never a good way to get police to leave your premises. It is a good way to make sure you get arrested. It is also important to remember that assault and battery of a police officer, unlike a typical assault charge, is a felony rather than misdemeanor. As such, the penalties are much more severe:
Every person who, without justifiable or excusable cause knowingly commits battery or assault and battery upon the person of a police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or other state peace officer employed or duly appointed by any state governmental agency to enforce state laws while said officer is in the performance of his duties, upon conviction, shall be guilty of a felony punishable by imprisonment of not more than five (5) years in a state correctional institution or county jail for a period not to exceed one (1) year, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment. 21 O.S.§ 649(B)
If police show up at your door, you may or may not be able to avoid arrest, depending on the circumstances. However, throwing a punch is never going to work to your benefit. Instead, remember these rules: never consent to a search and never say anything to police except to ask for your attorney.
Four students at Westmoore High School in South Oklahoma City were charged last week with sex crimes against a minor. Now, the young men have each been named in protective orders ordering them to stay away from the girl involved in the incident.
In Oklahoma, the age of consent is 16, but the four teens, aged 18 and 19, are accused of having sex with a 15-year-old girl on January 26. Police became aware of the incident after the girl told a school counselor that she had sex with all four young men on January 26.
The girl's mother then reported the incident to police.
Police arrested three of the young men on charges of statutory rape, and a third, who was still 17 at the time of the alleged encounter, was charged with rape by instrumentation:
The girl told investigators that she left school that day with Henderson, her boyfriend. On the way to a home in Cleveland County, the pair picked up Williams, Delmoral, and Skinner.
Once they arrived at the home, the girl said she went to an upstairs room with Henderson, and the couple began to make out. However, things soon got out of control when the other three men came into the room.
The girl told her mother that she knew the situation was "bad," but she did not know how to get out of it. She said that she was not forcibly raped and that she did not tell any of the men to stop, but she was "shocked" that her boyfriend allowed three other men to have sex with her.
According to the Victim Protective Orders filed in the case, the alleged incident took two hours, with one of the men coming in to have sex with her several times.
All four young men were arrested, and each is currently free on $50,000 bond.
A Victim Protective Order (VPO) is commonly called a "restraining order," and it allows some measure of protection to victims of domestic abuse, stalking, or harassment by ordering the abuser to refrain from contact with victim.
Second degree rape, or statutory rape, occurs when someone has sex with a person who is legally unable to consent to sex. Often this happens when one person is aged 18 or older and the other is under the age of 16. It can also occur between people who are prohibited from engaging in sexual activity because of a supervisory/custodial relationship: teachers and students or corrections employees and inmates, for example. Second degree rape is punishable by 1 to 15 years in prison. It is a Level 3 sex offense that requires a convicted person to register as a sex offender for life.
