A federal judge sentenced a man convicted of prostituting an Oklahoma teenager to more than 12 years in prison.
In February, Jerrod Lamonte Marshall pleaded guilty to transporting a minor across state lines to engage in prostitution. He was charged after Missouri police picked up a 15-year-old girl, identified in court documents as M.S., for prostitution, and she told them that she had worked as a prostitute for Marshall in Tulsa, Oklahoma, prior to being taken to Joplin.
In Oklahoma, the legal age of consent is 16, and in neighboring Missouri, it is 17; however, it is a violation of federal law for anyone under the age of 18 to engage in commercial sexual activity, including pornography and exotic dancing. Furthermore, federal law stipulates that anyone under the age of 18 who engages in prostitution is considered to be a victim of human trafficking.
Typically, prostitution and human trafficking are prosecuted at the state level, but when a minor is transported across state lines, the interstate nature of the act brings it under federal jurisdiction. The illegal transportation of minors is described in 18 USC § 2423 of the United States Criminal Code. The section of the statute governing transportation of minors (§ 2423a) reads as follows:
(a) Transportation With Intent To Engage in Criminal Sexual Activity.— A person who knowingly transports an individual who has not attained the age of 18 years in interstate or foreign commerce, or in any commonwealth, territory or possession of the United States, with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, shall be fined under this title and imprisoned not less than 10 years or for life.
This statute also prohibits foreign and domestic travel for the purpose of engaging in illegal sexual activity, also called "sex tourism." Sex tourism is illegal even if the act of engaging in sex with a minor is legal in the destination country. Travel with intent to engage in illicit sexual conduct and engaging in illicit sexual conduct in foreign places are each penalized by a maximum sentence of 30 years in prison. Recently an Oklahoma City lawyer and a bail bondsman from Ada were accused of sex tourism after allegedly traveling to Peru some 30 times in the past 8 years for the purpose of engaging in sex with underage girls. The men were subject to a search warrant filed in federal court, but as of this writing, neither had been charged.
Being charged with a sex crime can carry decades in prison and lifelong repercussions. To find an attorney equipped to handle your defense click here, or visit our website to submit a confidential case review form and schedule your free consultation.
The jerk who cuts you off in traffic. The little old lady driving 25 miles per hour in the passing lane. The moron who can't figure out how to use a blinker. The idiot who changes lanes without checking his mirrors. The imbecile who won't hang up the phone and drive already. Thoughtless, careless, and inattentive drivers are enough to drive anyone crazy. For most of us, though, our anger and frustration is short-lived and controllable. For others, road rage can hold life-altering consequences.
The term "road rage" was coined in the late 1980's during a series of freeway shootings in Los Angeles. The phrase refers to all manner of angry behaviors behind the wheel, most commonly involving shouting, cursing, or making obscene gestures, but also including aggressive driving such as speeding, tailgating, cutting someone off, refusal to let someone merge, acceleration to prevent passing, brake-checking, and other actions intended to harass, threaten, or intimidate another driver. While some states have road rage and aggressive driving laws, Oklahoma has no specific law penalizing aggressive driving.
The National Highway Traffic Safety Administration (NHTSA) says that nearly 6.8 million motor vehicle accidents occur in the United States each year, and the agency attributes a "substantial number" of these accidents to aggressive driving. The NHTSA and the AAA Traffic Safety Foundation report that 13,000 people were killed in aggressive driving accidents between 1990 and 1997.
Sometimes, however, aggressive driving and road rage escalate to assault or even murder. Last month, a 30-year-old mother was shot and killed after a suicidal man who had just ended an extramarital affair ran a red light, nearly causing a serious accident. When the woman and the man each got out of their vehicles to assess the damage, Matthew Webster, drew his gun and killed Anna Alger, who by all accounts, was simply in the wrong place at the wrong time. Webster, who ended the affair at his wife's insistence and who was being followed by her to make sure he made good on his promise, was carrying the loaded weapon in order to kill himself. However, after the traffic incident, in his emotionally unstable state, he took the life of a young mother instead.
All 50 states have had cases of fatal road rage--Oklahoma is not immune to roadside violence.
If you are accused of assault or other violent crime after a traffic situation got out of hand, contact us to see how we can help with your defense. Click here for more information.
Oklahoma Watch, a nonprofit group conducting investigative journalism about the state's public policy, has recently released two reports dealing with police officers' loss of CLEET certification following felony conviction.
The Council on Law Enforcement Education and Training, or CLEET, was established in Oklahoma in 1963 as the agency overseeing peace officer certification and licensing and training of private security. According to state law, CLEET "shall revoke the certification of any person upon determining that such person has been convicted of a felony or a crime involving moral turpitude or a domestic violence offense.”
In Oklahoma Watch's first report of CLEET certification revocation, the organization reports that this process can take years:
"More recently, from 2010 to 2012, 66 officers had their certifications revoked or suspended, were given a letter of reprimand, or they surrendered their certification, according to copies of final disciplinary orders provided by CLEET. In 22 cases where officers lost or gave up their certifications because of convictions, guilty pleas or other misconduct, it took longer than two years after the resolution of the case for CLEET’s action to be completed, the disciplinary orders show. In 18 of those cases, it took longer than four years."
The organization reports that it analyzed court documents and CLEET records of officer convictions and law enforcement certification and "identified a dozen cases from 2003 to 2011 where law officers were convicted of, or pleaded guilty to, felonies but still are certified as peace officers."
Theoretically, this delay could mean that an officer whose CLEET certification had not yet been withdrawn could apply for another law enforcement job with another agency. However, this is unlikely, as law enforcement agencies conduct vigorous background checks, and despite a former officer retaining CLEET certification, his or her felony or misdemeanor conviction would still show up in criminal background checks unless the offense was expunged.
The second Oklahoma Watch report identifies the leading criminal convictions that cause police officers to lose CLEET certification. The report says that the majority of such convictions--fully 25 percent--are sex crimes.
According to the article, 66 Oklahoma police officers and highway patrol troopers lost CLEET certification due to criminal conviction in the two years from 2010 to 2012. Of these cases, 18 involved conviction of sex crimes. Among the remaining 48 cases are convictions for DUI and domestic violence.
Earlier this week, the police chief of the North Miami Police Department in Miami, Oklahoma, was arrested on a domestic violence complaint and served with a Victim's Protective Order after allegedly pushing his girlfriend during an argument, causing her to strike her head on a table. According to the Ottawa County Sheriff's Department, North Miami Police Chief Kevin Joe Sheppard is free on $5,000 bond.
Regardless of your occupation, a criminal charge can have a profound impact on your employment and future career opportunities. If you have been accused of a crime, you need aggressive legal defense as quickly as possible. Click here to learn more.
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For years, Hand Up Ministries has been battling laws that make it difficult for convicted sex offenders to find a place to live and to get the help they need to get back on their feet. Now, the organization and a convicted sex offender have filed a lawsuit against Oklahoma City Police Chief Bill Citty, Oklahoma County District Attorney David Prater, Oklahoma County Sheriff John Whetsel and Attorney General Scott Pruitt claiming that a portion of the state's sex offender laws that prevents convicted sex offenders from sharing a residence is unconstitutional.
According to its website, Hand Up Ministries "a Faith based prison after-care program for men and women that have just been released from prison. The organization provides "housing complete with utilities, transportation, meals, clothing, hygiene products and, most importantly, a structured environment to help these men and women re-adjust to society." A Hands Up Ministries application lists extensive rules that are associated with residency at the ministry, including that all residents must maintain employment, adhere to a curfew, refrain from drug and alcohol use, and even avoid cursing and vulgarity. However, because the organization allowed two or more convicted sex offenders to share a trailer on the premises, it violated a provision of the Oklahoma Sex Offender Registration Act that prohibits sex offenders from living together.
In 2011, the state passed a law that clarified the provision and seemed to specifically target the ministry. Rather than evicting nearly 100 sex offenders--leaving them homeless and likely unregistered--Hands Up Ministry erected a tent city on the premises. However, last year, city officials said that the tent city violated zoning ordinances, and the men were evicted. Of the approximately 100 men evicted from the ministry, 66 have failed to register and 11 have registered with false addresses. This means that 77 convicted sex offenders who were once registered and living in a place where they were working, drug free, and required to perform community service and to abide by strict rules are now unregistered and/or unaccounted for.
The pending lawsuit does not challenge all sex offender residency restrictions, such as the zone of safety that prevents a sex offender from living within 2,000 feet of a school, church, or daycare. Rather, it challenges only the constitutionality of the provision that prevents sex offenders from living together. According to an attorney handling the case, state law does not prevent other people convicted of like crimes--two burglars, two murderers, two arsonists--from living together, and it does not make sense, nor is it constitutional, to apply such a law only to sex offenders.
To schedule a free consultation with an attorney equipped to handle your sex crimes case, click here to visit our website and submit a confidential case analysis form.
Sometimes, it is just better to face the music than to try to avoid punishment. Usually, running from your problems only compounds them. While a couple of Oklahoma prisoners seized an opportunity to escape, several others seemed to grasp that joining their fleeing counterparts could only complicate their already challenging situation.
Last week, a private prison transport company, Prisoner Transportation Services of Nashville, Tennessee, was delivering inmates to various agencies in the western and northern United States. The transport van stopped at Weatherford Regional Hospital, about an hour west of Oklahoma City, to drop off one or two prisoners who appeared ill. Guards left eight other inmates unattended in the van. Two prisoners, Lester Burns and Michael Coleman, took advantage of the opportunity to kick through a partition and move to the front of the vehicle, which was left running with the keys in the ignition so that the air conditioner would remain running for the unguarded inmates as they waited in the van.The two men drove the van for about a mile before fleeing on foot.
Six other inmates remained with the vehicle, and one, Joshua Silverman, called police to report the escape. Silverman, who is not from Oklahoma, could not identify the prisoners' location for the 9-1-1 dispatcher. Silverman offered to try to go to a corner to flag down officers, but expressed his fear of being shot by responding police. He stayed in the van and remained on the phone until a SWOSU park ranger discovered them.
When police found the van, a 12-gauge shotgun was inside the vehicle.
Burns and Coleman were finally apprehended after an intensive manhunt, which Tulsa's KWTV reports as taking 7 hours, including 80 law enforcement officers, and costing $10,000.
Burns was being held for nonpayment of child support and Coleman was held on an assault charge. Typically, these are relatively minor offenses, and escaping custody is sure to exponentially lengthen their sentences.
Silverman is held on a drug charge and has prior convictions for disorderly conduct, bail jumping, and drug manufacturing. Other prisoners transported in the van included sex offenders. However, the six inmates who remained with the vehicle were smart enough to sit tight and not do anything to add to their criminal records or lengthen their sentences.
Oklahoma Department of Corrections spokesman Jerry Massie told the Associated Press that the incident never would have happened if it had been an Oklahoma state transport vehicle: "It's DOC policy: You don't leave them out of your sight." Oklahoma DOC policy also requires all offenders to be considered high-risk during transport, and transporting officers are not allowed to stop the vehicle "for any unnecessary purpose."
Because a gunman opened fire on Sandy Hook Elementary School on December 14, 2012, killing 26 students and staff members, most of the nation does not know that just a few hours prior, an Oklahoma teenager was arrested for making a credible threat of school violence against students and faculty at Bartlesville High School. The news of an actual--and horrific--act of school violence overshadowed what was a mere threat.
Sammie Eaglebear Chavez, 19, was arrested in the early hours of December 14 after police and prosecutors say he attempted to recruit students to help him carry out a deadly act of school violence. According to prosecutors, Chavez planned to lure students into the auditorium, chain the doors, and begin shooting. They say he planned to place bombs by the doors and detonate them as police approached. Some of the teen's classmates say he tried to recruit them to help, saying they would be killed if they didn't assist him in carrying out the shooting and bombing plot.
Investigators found evidence to support a planned attack, including a rifle found in Chavez's home; the teen's research of school shootings, murder, and weapons; a "murder table" in which the word 'murder' was repeatedly inscribed along with dates that corresponded to specific murders; and Chavez's journals, where he writes repeatedly about murder, violence, and planned retribution.
Chavez claimed to have a history of depression and mental illness, but in April, he was found competent to stand trial.
Despite the evidence against him, the teen said that the threats were a "joke." He testified, “It was a joke in the sense that it wasn’t meant seriously." He said that the words and dates on the "murder table" were written by a friend, and that it was coincidence that the dates corresponded to murders, despite one date being noted "9-9-12 Murder Barbie" and "Peek-a-boo, I'll chop you," which specifically reference the murder of 78-year-old Barbara Olson, who was hacked to death by her 13-year-old great grandson and his friend.
Chavez called the evidence against him "an unfortunate coincidence."
Yesterday, a Washington County jury found Chavez guilty of devising a plan to commit bodily harm but not guilty of conspiracy to perform an act of violence. The jury recommended a sentence of 30 months in prison and a fine of $5,000.
The teen's mother, Jessie Chavez, said of the verdict, "This is a lot better than what I expected and I'm so happy." Jessie Chavez knew of the "murder table" in the family home and had received a text message from her son saying he was going to "shoot up the school." She described him as "depressed" to investigators, but told reporters that she didn't believe her son intended to act on the threats, saying, "That's not my son. My son laughs and makes jokes. He's always pulling pranks."
Making terrorist threats or threatening acts of violence is a serious criminal charge. Whether or not you intend to actually carry through with a threat, or whether you make a false claim of danger where none exists, you face felony conviction and significant prison time. Click here to find a defense attorney equipped to handle your case.
In a terrifying ordeal, an 8-year-old girl was brutally attacked when she entered an Oklahoma City convenience store restroom.
Police say the girl and her family were driving through Oklahoma City when they stopped at a Circle K near I-40 and Meridian. The needed to use the restroom, so she was accompanied by her mother into the store. The girl entered the restroom as her mother waited just outside the door, but neither could anticipate what was about to happen.
According to reports, a homeless man wearing nothing but women's underwear was waiting inside the restroom when the girl entered. The girl says he got between her and the door and began choking her with a jacket. Her mother heard her screams but could not get in to help because the door was locked. The girl's family members got a key from an employee, and when they opened the door, the suspect tried to flee. He brandished a BB gun, but was apprehended by witnesses and held until police arrived.
The girl sustained red marks to her neck, but apparently suffered no other physical injuries in the assault
Police arrested 40-year-old Christopher Todd Gard on complaints of aggravated assault and battery, assault with a dangerous weapon, possession of a firearm during a felony, kidnapping and indecent exposure. Witnesses say Gard lived in a makeshift homeless camp behind the convenience store.
Gard is held on $66,000 bond, and if convicted, faces dozens of years in prison:
Most parents struggle with the issue of when to let their children use public restrooms unattended. Stories like this make the decision a challenging one. The issue first became a concern for many parents in 1998 when 9-year-old Matthew Cecchi was killed in a campground restroom as his aunt waited outside the door. Brandon Wilson, aged 20, was convicted of slitting the boy's throat and sentenced to death. He alternately blamed the attack on LSD, hearing the voice of God telling him to kill the boy, and insanity. Ultimately, however, he showed no remorse, even saying that he would do it all over again if given the chance.
Thirteen years to the week after killing Matthew Cecchi, Brandon Wilson hanged himself in his cell at San Quentin.
Until September 3, 2013, not too many people knew about Matthew Cordle outside of his family, friends, co-workers, and acquaintances. However, on that day, the young man released a videotaped confession in which he admitted to driving drunk and killing a man on June 22.
What is notable about this confession is that it is not some court-ordered public service announcement. It was recorded and published to YouTube prior to charges being filed against him. Cordle released the video with the help of Alex Sheen of because i said i would, a website devoted to helping people keep their promises and stay accountable to their word.
In the video, Cordle admits to drinking with friends and then driving, ultimately causing the DUI accident that killed Vincent Canzani. He says that he consulted attorneys who assured him that they could get the evidence against him thrown out, if only he would lie. Cordle, however, says that he wants to accept full responsibility for his actions.
As of this writing, his video confession has reached nearly two million views on YouTube. Many people praise Cordle for his accountability, but others are not so supportive. Many claim that his video is simply a ploy for fame or favor in the courts. While his attorneys deny that he published the video in an effort to achieve a lenient sentence, they do say that levying a harsh sentence might show others that taking responsibility for one's actions is not the right thing to do.
Cordle says that the video is simply an attempt to take ownership and responsibility for his actions. He says that he understands that his confession will do nothing to bring back his victim nor to alleviate the sorrow of the grieving family. He says, however, that telling his story allows him to encourage others to be responsible and to never drink and drive. Cordle says that it is too late for him to save Vincent Canzani, but he tells viewers that it is not too late to "save your victim." Since the release of the video, #saveyourvictim has become a trending hashtag on Twitter and other social networks.
Within six days of releasing his confession, Cordle was charged with aggravated vehicular manslaughter, a felony, and operating a vehicle under the influence of alcohol, a misdemeanor. His defense lawyers say that he plans to plead guilty as soon as possible, but that he must initially plead not guilty in order to trigger the process that selects a judge at random. Once that happens, they say, he will plead guilty at the first opportunity.
Cordle faces 2 to 8-1/2 years in prison, a price he seems willing to pay for the decision that claimed the life of another man. At the end of his video, he holds up a because i said i would card, a card that symbolizes a willingness to keep one's word. The card reads: "I will take full responsibility for what I've done . . . because I said I would."
While the NFL gets a bad rap for having the most criminals in professional sports, the NBA actually has a higher arrest rate. Certainly, the NFL has a higher number of arrests--after all, there are more players on each team roster than in the NBA. The rate of arrest, though is lower. A 2011 report showed that out of 1,696 NFL players the previous year, 34 were arrested--a rate of 2 percent. The NBA, by contrast, had 23 arrests out of 450 players--a rate of about 5 percent and 2.5 times greater than the NFL arrest rate.
In a one month span, three NBA players have been arrested on domestic violence complaints, including Oklahoma City Thunder guard DeAndre Liggins.
In the Lawson and Sullivan cases, police say the arguments began over accusations of cheating. In any romantic relationship, emotions run high, and jealousy and defensiveness can quickly escalate an argument or disagreement to a physical altercation. However, once a fight becomes physical, there is strong potential for a criminal charge.
Domestic violence in Oklahoma is typically a misdemeanor on the first offense, but certain actions are considered felonies. These include second and subsequent offenses, domestic assault and battery in the presence of a minor child, domestic abuse of a woman known to be pregnant resulting in miscarriage, domestic assault and battery with a deadly weapon, and domestic assault and battery resulting in great bodily injury.
It is not acceptable to perpetrate violence against a family member or intimate partner. However, in the heat of passion, people make terrible mistakes that can destroy a family and lead to criminal consequences. Click here to find out more about how a criminal defense attorney can help, or call (405) 417-4832 to schedule a free, confidential case review.
Most people in Oklahoma City had never heard of rapper 2 Chainz until the musician and his entourage decided to take a stand against what they said was an unreasonable search of their tour bus.
Last week, 2 Chainz opened for Lil Wayne at the Chesapeake Energy Arena--the same Lil Wayne who tweeted about his "mistreatment" with the Oklahoma City Thunder organization when they were unable to grant him floor tickets, a special escort, and a designated entrance to the NBA playoffs.
As 2 Chainz's tour bus was leaving the city, Oklahoma City police pulled over the vehicle with a broken tail light. As the driver stepped from the vehicle, a police officer said he smelled marijuana and could see smoke in the bus. He told the driver that the smell of marijuana and the presence of the drug provided him probable cause to search. However, the driver refused to open the door of the bus to let police search without a warrant, saying he was not authorized to do so.
When an officer tried to get another passenger on the bus to open the door, the man shook his head and held up a small copy of the United States Constitution.
Despite phone calls and negotiations, the constitutional standoff continued, with police saying they had probable cause and group members saying that they did not have such cause and could not search without a warrant.
Eventually, the tour bus was towed--with occupants still inside--to a police training center. The district attorney's office obtained a search warrant, and once police showed the bus occupants the warrant, some 9 hours after the incident began, they got off the bus. Police say a search of the vehicle turned up drugs, but it has not been determined to whom the drugs belong, what quantity of drugs were found, or what type of drugs they are.
2 Chainz disputes that drugs were found and says that police did not have probable cause to search the vehicle. He took to Twitter after the incident, as celebrities do, saying, "Don't ask me ask OKC police department what they found on the bus,,,,u won't get an answer because nuthn was found." He also told the Twittersphere that his tour bus gets pulled over weekly, and police always say they smell marijuana and need to search the bus.
It is illegal for police to search one's property without permission unless they have probable cause or a warrant. Unfortunately, as many people soon realize, it is easy for police to say they have probable cause. A quick YouTube search of "DUI Checkpoint Refusal" shows numerous videos of people whose vehicles were searched for "probable cause" after they refuse to consent to a search. In one video, the poster says that he was arrested after police said they could "smell alcohol," even though he had a 0.0 percent blood alcohol concentration. In this video, a young man's car is searched after a drug dog is allegedly coached to make a false hit:
If you have been arrested as a result of what you believe to be an illegal search, contact a criminal defense lawyer at once. Do not hesitate to get the help you need fighting a charge that resulted from a violation of your constitutional rights.
