A Stillwater man charged with first degree murder after stomping and beating his "best friend" to death has pleaded guilty to a reduced charge of manslaughter.
Christopher Alden Dawes, 28, faced life in prison if convicted of first degree murder. As a result of his plea to manslaughter, he is sentenced to 20 years.
Throughout the case, Dawes's attorney argued that the circumstances of the killing did not justify a first degree murder charge, calling the offense a "classic heat of passion case." Certainly, the events leading up to the brutal beating seem to indicate such.
On the night of October 27, 2012, Dawes, his girlfriend Jasmine Lewis, then 24, and Dawes's friend Jeremy Sutherland, 32, began drinking vodka in a converted shed Dawes and Lewis shared. Dawes passed out, but later awoke to find Sutherland kissing Lewis. By his own admission, Dawes flew into a rage, repeatedly punching Sutherland and assaulting Lewis when she tried to intervene.
Dawes told an investigator that Lewis eventually convinced him to stop hitting Sutherland, and he dragged his friend outside to a neighboring yard. He says that Sutherland was still mumbling at the time.
Dawes allegedly went inside, got dressed, and had another altercation with Lewis before going back outside to check on Sutherland. He says he asked Sutherland, "Why did you make me do this?" Sutherland's mumbled reply once again infuriated Dawes, who began punching, stomping, and kicking him again.
Dawes left the scene but returned a short time later to turn himself in to police.
Sutherland was taken to a Stillwater hospital in critical condition with injuries including internal bleeding and brain swelling caused by blunt force trauma to the head and body, a broken nose, and eleven fractured ribs. When he died of his injuries in the early hours of October 31, Dawes was charged with first degree murder.
Although his defense attorney argued that Dawes' actions did not reflect the "malice aforethought" specified in a first degree murder conviction, the prosecution was able to make that charge stick because Dawes left to get dressed and returned to continue beating the defenseless Sutherland.
Dawes's guilty plea to the lesser charge of manslaughter was part of a negotiated plea.
Oklahoma state law defines manslaughter as an act of homicide occurring under one of three specific sets of circumstances, including "[w]hen perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide" (21 O.S. § 711).
If anger gets out of hand and becomes a physical altercation, assault charges or worse could be your fate. Learn more about Oklahoma violent crime laws, or contact us to discuss your case with an experienced defense lawyer.
A convicted sex offender living in Oklahoma was sentenced in federal court recently for conviction of sexual exploitation of minors. The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, sentenced David Anthony Baker, 35, of Howe, to 39 years in prison followed by lifetime probation.
Baker pleaded guilty in July to Production of Certain Material Involving the Sexual Exploitation of Minors (18 U.S.C.§ 2251[a] and [e]) and Production of Certain Material Involving the Sexual Exploitation of a Minor by a Registered Sex Offender (18 U.S.C. § 2260A). The maximum statutory penalty for these offenses is 50 years in prison and a $250,000 fine, or an additional 10 year sentence consecutive to sentencing for any other offenses.
According to prosecutors, Baker was a registered sex offender convicted in 2005 in California of crimes related to the sexual exploitation of minors, including . Between August 2011 and March 2013, Baker knowingly enticed a minor to engage in sexually explicit conduct for the purpose of producing and distributing child pornography.
Baker was investigated by the U.S. Immigrations and Customs Enforcement (ICE) Homeland Security Investigations (HSI) program Operation Predator. According to the HSI, Operation Predator is "an international initiative to identify, investigate and arrest child predators who possess, trade and produce child pornography; travel overseas for sex with minors; andengage in the sex trafficking of children."
In addition to federal sexual exploitation charges, Baker has also been charged with Oklahoma state crimes in LeFlore County. Baker is charged with rape by instrumentation, possession of child pornography, manufacturing child pornography, distributing child pornography, and violating the Oklahoma Computer Crimes Act.
Read more about Oklahoma sex crimes here.
Baker was scheduled to appear for a hearing in LeFlore County District Court in early May, but he was unable to appear after being picked up by United States Marshals for the federal sexual exploitation charges.
Baker was initially charges after Homeland Security traced pornographic images of a 10-year-old boy from a photo-sharing site to an IP address at Baker's home. During a search, they found a storage device containing child pornography. Baker allegedly confessed to taking pornographic images and video of the child and distributing the images online.
He faces life in prison if convicted of the sex crimes with which he is charged at the state level.
Child pornography and sexual exploitation are but a few of the many crimes which may be charged as either a state offense or a federal offense, depending on the circumstances of the case. Often, state and federal law enforcement agencies work together to investigate and prosecute crimes involving the sexual exploitation of children. In addition to HSI's Operation Predator, the FBI's Innocence Project and Project Safe Childhood are a few of the federal initiatives intended to prevent the child sexual abuse and sexual exploitation.
In Oklahoma, many of these crimes are investigated and prosecuted by the state's Internet Crimes Against Children (ICAC) task force, the local task force of the United States Justice Department's ICAC program.
For many people, the holiday season spans from Thanksgiving through New Year's Day. During the roughly 33 days of the 2013 holiday season, people will celebrate with family gatherings, office parties, cocktail parties, and get-togethers with friends. Many of these celebrations will involve alcohol, and without adequate preparation and precaution, the end of a night with family and friends can lead to a DUI arrest or an alcohol-related accident.
Mothers Against Drunk Driving (MADD) reveals some "sobering" statistics regarding holiday DUI, based on crash data from 2010:
In Oklahoma, a person can be charged with DUI--or driving under the influence of alcohol or drugs--with a blood alcohol concentration (BAC) of 0.08 percent or greater. However, a person can be charged with an alcohol-related driving offense with a lower BAC under certain circumstances. While a first offense DUI is typically a misdemeanor, there are certain conditions under which a DUI may be charged as a felony--for example, a second or subsequent offense within 10 years of the preceding conviction is charged as a felony.
Often, DUI is a repeat offense, because a person charged may have a problem with addiction, making the cycle harder to break. DUI statistics show that there are an estimated 2 million people in the United States with 3 or more DUI convictions; more than 400,000 have 4 or more drunk driving convictions.
If you are arrested for DUI in Oklahoma, you need to find an experienced attorney to handle your defense. Even in light of blood alcohol analysis indicating intoxication, there are options for your defense, including an illegal traffic stop resulting in dismissal or a deferred sentence providing you the opportunity to avoid jail and conviction while serving probation.
Learn more about Oklahoma DUI laws on our website, or contact an attorney here to discuss your case.
Coventon Criminal Defense wishes you a safe and happy holiday season, and we encourage you to celebrate responsibly.
As Delaware County Sheriff's Deputies arrived at his home to serve a search warrant last weekend, Wallace Geary Fields put a gun under his chin and fired.
The 68-year-old Fields, of Grove, Oklahoma, had been charged the day before with multiple sex offenses, including two counts of lewd or indecent proposals to a child under 16, three counts of lewd or indecent acts to a child under 16, and first-degree rape by instrumentation of a child under 14.
Read more about Lewd or Indecent Proposals or Acts to a Child Under 16.
According to Delaware County Sheriff Harlan Moore, deputies were attempting to serve the high-risk felony warrant just before midnight Saturday when Geary "came out of the door and said, 'What do you want?" Moore continued, "Before we could answer, he shot himself.”
After shooting himself with a .22 pistol, Fields was transported to a nearby hospital for treatment. He is listed in stable condition.
Fields's desperation is understandable. When faced with sex crime charges, it can seem as if your life is over. People begin to suspect you and your civil liberties are stripped from you even before you have your day in court. A mere accusation is enough to trigger suspicion, and your relationships are strained without any evidence of wrongdoing. For some, the stigma and consequences of a sex crime accusation seem too much to bear.
In 2007, a then-popular NBC Dateline program, "To Catch a Predator," initiated a sting in Texas that led to the suicide of an assistant district attorney. Louis Conradt, Jr., 56, allegedly chatted online with a decoy he believed to be a 13-year-old boy. While dozens of other men caught by Dateline went to the home designated as the meeting place between the adults and the decoy, Conradt did not show up. Instead, police served a warrant at his home the following day, with Dateline cameras rolling. Conradt did not answer the door, and when police entered the home, he shot himself, dying of his injuries the following day.
Conradt's sister filed a $105 million lawsuit against NBC which was "amicably resolved" in 2008. Because the "To Catch a Predator" had become so "highly charged," NBC discontinued the program in December 2007.
Despite overwhelming feelings of despair when facing a sex crime arrest, self-harm is not the answer. Even in the most challenging and difficult situations, help is available and defense strategies can be carefully utilized to minimize the fallout of an arrest and criminal charge.
Click here to learn more about Oklahoma sex crime defense or to submit a free case review form.
When synthetic drugs hit the Oklahoma marketplace in 2008, the sale of substances like "spice," "K2," "potpourri," and "bath salts," was extremely profitable for convenience stores and head shops. They could legally sell these drugs at a significant markup, and consumers would quickly shell out cash for a "legal" high.
It was soon discovered that the synthetic drugs were at least as dangerous as the real thing, if not more so, and Oklahoma legislators acted quickly to ban synthetic drugs. Initially, synthetic marijuana and synthetic cocaine, marketed as herbal incense or bath salts, were banned under the state's new synthetic drug laws. However, the manufacturers of these synthetic drugs were able to skirt the law by tweaking the formulas or creating new synthetic drugs.
Last year, Oklahoma modified existing legislation to not only ban synthetic drugs themselves, but also some 250 chemicals commonly used in manufacturing synthetic drugs. This made it easier to prosecute store owners who were selling the banned substances by closing some of the synthetic drug loopholes, but just as before, manufacturers develop new substances that are not currently on the controlled substances drug schedules, letting some shop owners believe they are selling a legal substance.
State and local law enforcement agencies have busted numerous shops for selling K2, spice, potpourri, and bath salts. Although some store owners say that the substances are legal, many still promote them as giving a good buzz or high. Still, many owners who say their shops sell only legal substances have been arrested and prosecuted due to ambiguities in Oklahoma's synthetic drug laws.
The biggest problem for law enforcement is that these substances are constantly evolving, and even if they were able to completely eradicate the sale of synthetic drugs from Oklahoma businesses, people still purchase these controlled substances over the internet.
Last weekend, two teenagers in McClain County were hospitalized after overdosing on 25C, a synthetic LSD marketed as "Smiles." The teens, aged 16 and 17, ingested one 1/8-inch square of the synthetic drug, which drug officials say is so powerful that it can immediately seep through the skin on contact. According to McClain County Sheriff Don Hewitt, one of the teens was transported to OU Medical Center in critical condition.
Synthetic drugs are typically not a legal high, as some retailers would have consumers believe. Although the Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD) says that raids on stores selling synthetic drugs have led to a decrease in the number of people willing to risk synthetic drug sales in their businesses, the rate of hospitalization associated with these drugs has continued to increase, in part due to online accessibility.
To find out more about Oklahoma drug laws, click here, or submit a confidential case review form to schedule a free consultation with a drug defense lawyer.
This time of year, children flock to malls, parades, and events across the nation to sit on Santa's lap and tell him everything they hope he will bring them for Christmas. Santa always asks if the child has been "naughty or nice," but who is checking on Santa?
Over the summer, a Warr Acres man who served as Santa Claus for Putnam City school events was arrested in an internet sex sting after he allegedly attempted to meet a 15-year-old girl for sex. The OSBI reported that Wiley Gene Davis, Jr., 49, responded to a Craigslist ad that he believed to be posted by a minor, and began making sexual comments while referring to himself as "Santa."
Davis was arrested at a Guthrie convenience store as he attempted to meet the "girl" for sex. Davis, who is also a private investigator, was carrying a loaded weapon and a private investigator badge when he was arrested. He was charged with Lewd Proposals to a Child Under 16, violating the Oklahoma Computer Crimes Act, and Possession of a Firearm in the Commission of a Felony.
Davis was appointed a public defender, and in September, he was released on $30,000 bond. According to an Oklahoma court records search, his next court date is scheduled for January 2014
Davis is not the only "Bad Santa" accused of being a sex offender.
Learn more about Oklahoma sex offender laws and restrictions, or click here for a risk-free consultation with an experienced sex crime defense attorney.
A woman looking through video on a friend's lost cell phone was shocked to discover footage of the phone's owner molesting her 12-year-old daughter.
The woman contacted police after seeing the video of Christopher M. Whibbey, 23, molesting the girl as she slept. She told police that Whibbey had lost he cell phone, but a friend later found it and gave it to her, telling the woman to look at the videos. She says she does not know whether or not her daughter was aware of the sexual abuse, which allegedly took place in October.
Reports say that Whibbey walked in during the police interview with the victim's mother, and that he immediately turned around and placed his hands behind his back. He was arrested on a complaint of Lewd Acts with a Child Under 16 and booked into the Oklahoma County Jail.
In Oklahoma, child molestation is typically charged as Lewd or Indecent Proposals or Acts to a Child Under 16. Found in 21 O.S. § 1123. This statute, which also includes Sexual Battery and sexual abuse of a corpse, levies harsh penalties for sexually abusing children under the age of 16.
In fact, a person can be convicted of a a felony sex crime under the Lewd Acts statute even if he or she never inappropriately touches a child. Prohibited acts include not only sexual contact, but also indecent proposals; looking upon a child in a "lewd or lascivious" manner; exposing oneself to a minor; forcing a child to look at sex acts or child pornography; or making a child touch himself, herself, or another person.
In general, conviction of Lewd or Indecent Proposals or Acts to a Child Under 16 is punishable by 3 to 20 years in prison and lifetime registration as a Level 3 Sex Offender. However, if the victim is a child under the age of 12, the penalties are significantly increased. Rather than a maximum sentence of 20 years, a person convicted of Lewd Acts with a minor under 12 faces a minimum sentence of 25 years and a maximum of life in prison.
A second conviction of Lewd or Indecent Proposals or Acts to a Child Under 16 is not eligible for probation or deferred or suspended sentencing. A third or subsequent conviction is punishable by life in prison without parole.
Visit our website for more information about Lewd Acts charges in Oklahoma. To speak with an attorney about your case, click here to schedule a free, confidential consultation with an experienced sex crime defense lawyer.
A 70-year-old Oklahoma City man was arrested earlier this week after his roommate told police he sexually assaulted her.
Donald Nelson Hulme called police to report that he had been assaulted during a domestic disturbance. When police arrived, they found the man with a small, bleeding cut under his eye. His roommate was packing to leave, and when questioned she admitted to police that she hit Hulme in the face, but said she did so in self defense.
An incident report indicates that the woman told police that Hulme, who is not her boyfriend, was jealous and angry whenever she went out with friends, and especially if she went out with a man. She said that as she attempted to go meet a male friend, Hulme sexually assaulted her, grabbing her and making lewd comments.The alleged victim said that she tried to fight off Hulme, but eventually had to strike him in the face to get him to leave her alone. She told investigators that she then tried to leave the house, but Hulme put her in a headlock.
Police said that the woman had injuries consistent with her statement, and they arrested Hulme on complaints of domestic abuse and sexual battery. Police booked Hulme into the Oklahoma County jail. After he was transported, police at the scene allegedly discovered child pornography on the man's computer. He is being held without bail.
Typically, people think of domestic violence as a crime between family members, but the Domestic Abuse Act has a much broader application than a blood or marital relationship. Domestic abuse is assault and battery against:
Although Hulme and his alleged victim were not, according to the woman, in a romantic relationship, because they were roommates, Hulme could be charged with violation of the Domestic Abuse Act.
Sexual battery is defined by Oklahoma law as ""the intentional touching, mauling or feeling of the body or private parts of any person sixteen (16) years of age or older, in a lewd and lascivious manner" when committed without the consent of the other person or against a person aged 16 or older who is not able to provide legal consent due to custodial status or student status.
Domestic abuse is typically prosecuted as a misdemeanor, although there are enhancing factors that can elevate the crime to felony status. Sexual battery, on the other hand, is a felony that is considered a Level 3 sex offense, and as such, carries lifetime sex offender registration among the consequences.
Visit our website for more information about sex crime defense in Oklahoma, or click here to schedule a free, confidential consultation with an experienced attorney.
In April, the National Center for Missing and Exploited Children (NCMEC) discovered a disturbing video circulating in internet child pornography forums. Now, the FBI is asking for the public's help in identifying John Doe 27, a man seen sexually assaulting a child in the video.
Although the FBI has no information to link John Doe 27 to any particular geographical area, they have released still images from the video in the hope that someone will recognize the suspect and report him to authorities.
The FBI wanted poster describes the suspect seen in the video as a white male, aged 40-50, with brown hair, graying sideburns, and a bald spot. Agents say the man seems to speak with a southern accent, and they believe he referred to himself as "Jimmy" in the video. The FBI also distributed a picture of the inside of the home where the assault took place, saying someone familiar with the home will likely recognize a "distinctive" plaid chair.
The public request for information leading to the identification and arrest of John Doe 27 is a part of the FBI's Endangered Child Alert Program (ECAP) and Operation Rescue Me, in conjunction with the National Center for Missing and Exploited Children and the Internet Crimes Against Children (ICAC) unit. Anyone with information about John Doe 27 is urged to contact an ECAP investigator at RescueMe@ic.fbi.gov or a Crimes Against Children investigator at their local FBI Field Office (find contact information for FBI offices in Oklahoma here). You can also call the FBI tip line at 1-800-CALL-FBI.
According to the FBI website, the Endangered Child Alert Program began in 2004, and since that time, the ECAP has investigated 27 John/Jane Does. leading to the identification and prosecution of 17 offenders and to the identification of 29 child victims.
In Oklahoma recently, a number of child pornography arrests have been the result of local Internet Crimes Against Children (ICAC) task force investigations. The Oklahoma State Bureau of Investigation (OSBI) oversees and maintains the Oklahoma ICAC task force, which is comprised of OSBI agents and law enforcement agents and prosecutors from 51 affiliate partner agencies, including District Attorney's Offices, Sheriff's Departments, and municipal Police Departments.
The OSBI website press room lists at least 16 ICAC arrests since January of this year. Clearly, investigators take a hard line against online predators and those who sexually exploit children. Internet sex crimes against children, including online solicitation of minors or downloading or distributing child pornography are prosecuted vigorously.
Visit our website to find out more about Oklahoma sex crimes, or click here to contact a defense lawyer.
A 13-year veteran of the Oklahoma City Fire Department has been arrested on multiple child sex abuse complaints after allegedly engaging in a sexual relationship with a 13-year-old girl.
Jason Lyle Wood, 39, was arrested after the girl's father made allegations against him at the Garvin County Sheriff's Department. The man told deputies that Wood, an OCFD dispatcher, had sex with the girl multiple times in multiple jurisdictions beginning in June of this year. After an investigation, Wood was booked into the Garvin County Jail on complaints of rape, forcible sodomy, and lewd acts with a minor.
According to local news reports, one witness told authorities that Wood accessed Oklahoma City Police Department files when he learned he was under investigation, and that he admitted that he "was in love with" the alleged victim.
A probable cause affidavit accuses Wood of buying a cell phone for the girl so that she could contact him without her parents' knowledge, and that he asked her to text him every morning. He is accused of receiving nude cell phone pictures of the girl as well as sending her nude pictures of himself. Court records indicate that the man and girl had sex in multiple jurisdictions, including Moore in Oklahoma County and Elmore City in Garvin County. He is also accused of having sex with the girl in New Mexico.
Garvin County Sheriff Larry Rhodes called the case against Wood "strong," and said that the evidence gained in the investigation may corroborate the initial charges or lead to additional charges.
In Oklahoma, rape is considered non-consensual sex, and it is classified as either first degree rape or second degree rape. Oklahoma's age of consent is 16, and a person under the age of 16 is legally unable to consent to sex. In most cases, seemingly consensual sex with a minor under 16 would be charged as second degree rape, or statutory rape. However, sex with a person under the age of 14 by a person over the age of 18 is first degree rape, according to 21 O.S. § 1114. Whereas statutory rape is punishable by a term of one to fifteen years in prison, first degree rape is punishable by a minimum of five years in prison and a maximum of life in prison without parole. Both first and second degree rape are Level 3 Sex Offenses and carry lifetime sex offender registration.
Lewd acts with a minor, frequently know as child molestation, is a catch-all charge which encompasses all acts of child sexual abuse. It includes online solicitation of minors, inappropriately touching children, exposing oneself to a minor, and even looking upon a child in a "lewd or lascivious manner." Lewd or Indecent Proposals or Acts to a Child under 16 is a felony punishable by three to twenty years in prison--unless the victim is under the age of 12. In that case, the crime carries a minimum sentence of 25 years in prison.
Click here to find out more about sex crime laws in Oklahoma, or contact us for a free, confidential review of your case.
