State Of Oklahoma v Michael Allen Miers and Andrea Roberts Mae Gregoire

S-2016-332

Filed: Jan. 5, 2017

Not for publication

Prevailing Party: State Of Oklahoma

Summary

Michael Allen Miers and Andrea Roberts Mae Gregoire appealed their charges in a case where they were accused of conspiracy to deliver drugs and first-degree murder. The court disagreed with the charges of murder and dismissed them. The conviction and sentence for the murder was affirmed to be dismissed. Judge Hudson dissented, believing the two should still be held responsible.

Decision

The order of the District Court of Mayes County affirming the magistrate's ruling granting, in part, demurrers filed by defendants Miers and Gregoire dismissing felony murder charges against the two co-defendants, in Mayes County Case No. CF-2015-248, is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2017), the MANDATE is ORDERED issued upon the delivery and filing of this decision.

Issues

• Was there an error in holding that Andrea Gregoire was "forced out" of the conspiracy thereby absolving her of any co-conspirator liability for the death of Jennifer McNulty?
• Did the reviewing judge err in holding that Michael Miers withdrew from the conspiracy, thereby absolving him of co-conspirator liability for the death of Jennifer McNulty?

Findings

• Judge Denney's ruling affirming the dismissal of the murder charges against Andrea Gregoire is AFFIRMED.
• Judge Denney's ruling affirming the dismissal of the murder charges against Michael Miers is AFFIRMED.
• The Court found no abuse of discretion in the District Court's ruling regarding the demurrers filed by Gregoire and Miers and the dismissal of felony murder charges.

S-2016-332

Jan. 5, 2017

State Of Oklahoma

Appellant

v

Michael Allen Miers and Andrea Roberts Mae Gregoire

Appellee

SUMMARY OPINION

PER CURIAM:
On September 15, 2015, a multi-county grand jury indictment was filed in Mayes County Case No. CF-2015-248 charging Appellees Miers and Gregoire with Count 1, Conspiracy to Deliver a Narcotic Controlled Dangerous Substance (CDS), and Count 2, First Degree Murder.1 A preliminary hearing was conducted before the Honorable Rebecca Gore, Special Judge. On March 22, 2016, Judge Gore sustained, in part, the demurrers filed by Miers and Gregoire, dismissing the murder charges against both defendants. The State appealed Judge Gore’s ruling pursuant to Rule 6.1, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.1 18, App. (2016) and 22 O.S.2011, § 1089.1. The appeal was assigned to the Honorable Barry Denney, Associate District Judge, and a hearing was conducted April 7, 2016. Judge Denney affirmed Judge Gore’s order sustaining, in part, the demurrers filed by Miers and Gregoire. From this ruling, the State appeals and raises the following issue:

1 A total of five defendants were indicted in Mayes County Case No. CF-2015-248, all charged with conspiracy and first degree murder.

1. The reviewing judge erred in holding that Andrea Gregoire was forced out of the conspiracy thereby absolving her of any co-conspirator liability for the death of Jennifer McNulty and in holding that Michael Miers withdrew from the conspiracy also absolving him of co-conspirator liability for the death of Jennifer McNulty. Judge Denney’s ruling, with respect to these two defendants, is AFFIRMED.

Jennifer McNulty was found dead on October 25, 2014, the result of acute oxycodone intoxication. After a lengthy investigation, the victim’s son, AyJay McNulty, Jennifer McCormack, Christina Dempsey, and Appellees Miers and Gregoire were all jointly indicted by the multi-county grand jury and charged with conspiracy and first degree murder. At the conclusion of the preliminary hearing, Judge Gore made several findings of fact regarding each of the defendants. The findings relevant to this appeal were that Gregoire and Miers each withdrew from the conspiracy prior to Jennifer McNulty’s death, and their respective demurrers to the First Degree Murder charge were granted. In reviewing Judge Gore’s ruling, Judge Denney found that Gregoire was forced out of the drug distribution conspiracy and was no longer part of the conspiracy for several months before McNulty’s death. Judge Denney found that Miers ended his relationship with McCormack on or about October 1, 2014, moving to Colorado at that time, and returning to Pryor in January 2015 at which time he resumed his business relationship with McCormack and his involvement in the conspiracy. The court found that Miers’s actions which culminated in his move to Colorado constituted effective notice to the other members of the conspiracy that he withdrew from the conspiracy for the months of October, November and December 2 of 2014. Judge Denney found that Gregoire and Miers both withdrew from the drug selling conspiracy prior to Jennifer McNulty’s death and could not be charged with felony murder. Finding that Gregoire and Miers were no longer part of the conspiracy at the time of McNulty’s death, Judge Denney affirmed Judge Gore’s findings granting the demurrers filed by Gregoire and Miers as to the First Degree Murder charge.

We review the District Court’s ruling for abuse of discretion. State v. Salathiel, 2013 OK CR 16, 7, 313 P.3d 263, 266. The State’s evidence at preliminary hearing established, through its own witnesses, that Gregoire conspired with McCormack to distribute drugs. However, Gregoire was arrested in April 2014, and upon her release in May 2014, the other members of the conspiracy, namely McCormack and Dempsey, refused to allow Gregoire to continue selling and distributing drugs with them. Gregoire’s severe drug addiction made her an unreliable partner, and her failure to submit payment to McCormack and Dempsey for drugs resulted in her removal from the drug selling chain by these two co-defendants. As for Miers, the State’s witnesses confirmed that he participated in a drug selling conspiracy with McCormack. Testimony at the hearing was that Miers argued with McCormack in September 2014, and terminated his business relationship with her, took his client list with him and moved to Colorado in early October 2014. Miers returned to Mayes County and resumed his business relationship with McCormack in January 2015.

On the facts presented in this case, we find no abuse of discretion in the District Court’s ruling affirming Judge Gore’s order granting the demurrers filed by Gregoire and Miers and dismissing the felony murder charges against these two co-defendants.

DECISION

The order of the District Court of Mayes County affirming the magistrate’s ruling granting, in part, demurrers filed by defendants Miers and Gregoire dismissing felony murder charges against the two co-defendants, in Mayes County Case No. CF-2015-248, is AFFIRMED. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2017), the MANDATE is ORDERED issued upon the delivery and filing of this decision.

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Footnotes:

1. Okla. Stat. tit. 22 § 1089.
2. Okla. Stat. tit. 22 § 18.
3. State v. Salathiel, 2013 OK CR 16, 7, 313 P.3d 263, 266.
4. Neloms v. State, 2012 OK CR 7, IT 35, 274 P.3d 161, 170.
5. Johnson v. State, 1986 OK CR 134, IT 9, 725 P.2d 1270, 1273.

Oklahoma Statutes citations:

• Okla. Stat. tit. 22 § 1089.1 - Appeal from interlocutory orders
• Okla. Stat. tit. 22 § 3.15 - Rules of Appellate Procedure
• Okla. Stat. tit. 21 § 701.8 - First Degree Murder
• Okla. Stat. tit. 21 § 540 - Conspiracy
• Okla. Stat. tit. 47 § 11-801 - Traffic violations

Oklahoma Administrative Rules citations:

No Oklahoma administrative rules found.

U.S. Code citations:

No US Code citations found.

Other citations:

No other rule citations found.

Case citations:

• Bramlett v. State, 2018 OK CR 19, I 36, 422 P.3d 788, 799-800
• State v. Salathiel, 2013 OK CR 16, 7, 313 P.3d 263, 266
• Neloms v. State, 2012 OK CR 7, IT 35, 274 P.3d 161, 170
• Johnson v. State, 1986 OK CR 134, IT 9, 725 P.2d 1270, 1273