View Full Version : Legal question re the Duncan murder



old okie
08-21-2013, 09:24 AM
Does anyone know why the DA would charge the driver of the car as a "juvenile offender" when he was the primary reason the shooter was able to get to the victim? If it hadn't been for the driver, who obviously knew in advance what the intent was, the crime might not have happened. I thought Oklahoma had a law that provided something like "capital murder" for the driver of a vehicle when a violent crime was committed by someone in or from the vehicle?? I'm confused about why the driver gets a "lighter" charge--and bail, apparently--when the front seat passenger, who apparently did not do the shooting, is charged the same as the shooter.

Please clarify for me.

Thanks!

Midtowner
08-21-2013, 09:57 AM
It's probably due to the age of the accused, but who knows?

old okie
08-21-2013, 11:11 AM
It's probably due to the age of the accused, but who knows?

Would certainly agree....except, he is the oldest of the group, if the news reports are to be believed. That makes the DA's approach even more confusing.

kevinpate
08-21-2013, 02:17 PM
None of these defendants are capital eligible. too young, as 18 is the present bright line rule, and has been for a few years now.

As to why the eldest is the lighter charge, I haven't immersed myself in the case, but best two speculations are:

A. gun was in someone else's hand.

B. he was the first one to roll on the others.

bucktalk
08-21-2013, 07:00 PM
Hmmm. No protest thus far of a white guy being shot by a black guy?? Interesting. Guess I'll call Al Sharpton and see if he can bring a mob down and help out.

RadicalModerate
08-21-2013, 08:20 PM
Hmmm. No protest thus far of a white guy being shot by a black guy?? Interesting. Guess I'll call Al Sharpton and see if he can bring a mob down and help out.

Good plan. But which one of them is actually "Black" . . . or "White"?
(thanks a lot, ghost of michael jackson)

I'd suspect that one of "the crew" is a Wigga or at least pretending to be a WiggaWannabee but beyond that who knows?

(so does Al Sharpton give autographs to old honky crackers? would he be willing to autograph an old cracker held out in a gesture of transgenerationalpeacebridgebuilding by an old cracker to be blessed by his sacred ink? which autograph would cost less? is it true that he is still hawking shreds of The Shroud of Tawana for the true believers? i hope so.)

It would be like this (me, on the right, and Al, on the left) and involving crackers and pens instead of rifles and flowers.
http://angrybearblog.com/wp-content/oldimages/angrybear/1/_ea3-LcbrX8A/TT0GcOtU5XI/AAAAAAAAAQo/u1tiiXApLec/s1600/Flower_in_gun_barrel_1-22-11.JPG

OSUMom
08-21-2013, 09:13 PM
None of these defendants are capital eligible. too young, as 18 is the present bright line rule, and has been for a few years now.

As to why the eldest is the lighter charge, I haven't immersed myself in the case, but best two speculations are:

A. gun was in someone else's hand.

B. he was the first one to roll on the others.


I'm thinking B is the big one.

kelroy55
08-22-2013, 07:16 AM
Hmmm. No protest thus far of a white guy being shot by a black guy?? Interesting. Guess I'll call Al Sharpton and see if he can bring a mob down and help out.

You keep trying to make this a race thing.... sad

Just the facts
08-22-2013, 07:29 AM
My understanding that the driver is cooperating and in exchange for it he is being treated as a juvenile. If you are old enough to drive and kill someone, you should be old enough to sit behind bars for the next 70 years.

kevinpate
08-22-2013, 08:00 AM
My understanding that the driver is cooperating and in exchange for it he is being treated as a juvenile. If you are old enough to drive and kill someone, you should be old enough to sit behind bars for the next 70 years.

Youthful offender =/= juvenile. Two different classifications.
Also, in OK, beginning at age 13, one is presumed to be treated as an adult for Murder I bu statute. Been that way abut ten years or so. The state does not have to seek to certify a 13-17 year old as an adult. Rather, the defense has to seek a reverse certification if adult status is to be avoided.

Here, the YO status for sentencing is likely the proverbial carrot for that defendant's impersonation of Mr. Ed. Detective Wilbur is happy, the DA is happy, and truth be told, carrots be cheap.

on edit: the two facing M1 charge face either Life with a possibility of parole, or Life without that possibility. The DP is off the table due to their ages.
If there are other charges, they can have more time tagged on them. If for any reason they plead to less than murder I, they face X years to life, depending on how it is plead. With a cooperating defendant, there is little incentive for the State to entertain a plea other than save the funds that would be consumed by a trial. With multiple counts, should other counts be possible, a lot of time can get stacked with only a few counts involved.