Brodie

**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** Court Case No: S-2018-51 and S-2018-6 **STATE OF OKLAHOMA,** Appellant, **V.** **SHELLEY MARIE BRADLEY,** Appellee. **STATE OF OKLAHOMA,** Appellant, **V.** **DYLAN THOMAS BRODIE,** Appellee. **SUMMARY OPINION** **ROWLAND, JUDGE:** 1. The State of Oklahoma, Appellant, appeals from an order affirming the ruling of the magistrate, sustaining the defendants' demurrers to evidence on Counts 1 and 2, and denying the State's request to amend the Informations, in Case Nos. CF-2017-445 and CF-2017-446 in the District Court of Wagoner County. **STATEMENT OF THE CASE** 2. Appellees, Shelley Marie Bradley and Dylan Thomas Brodie, were charged with intimidation of a witness and conspiracy to commit a felony. The magistrate sustained the demurrers to the evidence and denied amendments to include additional charges. 3. The matter was assigned to Judge Mark L. Dobbins as the reviewing judge, who affirmed the magistrate's ruling. 4. The State appealed; on August 9, 2018, this Court held oral arguments, after which the ruling was reversed. **SUMMARY OF FACTS** 5. The Appellees are related to Jacob Ode, charged with several offenses following a police pursuit. Hawkins, a relative of the Appellees, was a passenger and initially provided a statement implicating Ode. 6. Later, Hawkins was approached by the Appellees and persuaded to change her statement to indicate Ode was not the driver during the pursuit. 7. The magistrate found no evidence demonstrating that Hawkins was threatened or coerced into altering her testimony. **ANALYSIS** ### I. Intimidation of Witness 8. The State argued sufficient evidence existed for the charge of witness intimidation. However, the records demonstrated no evidence of Hawkins being prevented from testifying or coerced through force or fear. 9. The judges did not err in finding there wasn’t enough evidence to support the claim of intimidation. ### II. Conspiracy to Commit Intimidation 10. The State similarly could not provide sufficient evidence to show any conspiracy between the Appellees to intimidate Hawkins, as no threats or coercion were substantiated. ### III. Conspiracy to Commit Perjury by Subornation 11. The State argued it presented sufficient evidence to show a conspiracy to commit perjury by subornation. The appellate judges found sufficient cause to remand for the trial on this charge. ### IV. False Preparation of Exhibits 12. The evidence presented indicated that Hawkins’ second statement was prepared under the Appellees' guidance with the intent to be submitted as evidence. 13. The failure to include this evidence as a charge of False Preparation of Exhibits was deemed an error by the appellate judges. **DECISION** 14. The order of the District Court sustaining the magistrate's decisions is REVERSED. The case is remanded to the District Court with instructions to proceed to trial for the charges of Conspiracy to Commit Perjury by Subornation and False Preparation of Exhibits. **APPEARANCES** - **For the State:** Douglas G. Dry, Assistant District Attorney - **For the Appellees:** Michon Hastings Hughes & Clinton C. Hastings, Attorneys at Law **OPINION BY: ROWLAND, J.** - LUMPKIN, P.J., LEWIS, V.P.J., HUDSON, J., and KUEHN, J., concur. --- **[Download PDF of Full Opinion](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-6_1734333945.pdf)**