Co-Conspirator Liability Archives

S-2016-332

Post author:Staff
Post published:January 5, 2017
Post category:S

In OCCA case No. S-2016-332, the defendants appealed their conviction for conspiracy to deliver a narcotic controlled dangerous substance and first degree murder. In a published decision, the court decided to affirm the lower court's ruling, which indicated that the defendants were not part of the conspiracy at the time of the victim's death. One judge dissented. The case began when a grand jury accused several people, including the defendants, of being involved in a conspiracy to sell drugs, which ultimately led to the death of Jennifer McNulty. She died from an overdose of oxycodone. After a preliminary hearing, a judge decided that two defendants, Miers and Gregoire, should not be charged with murder because they had withdrawn from the conspiracy before McNulty’s death. The state did not agree with this decision and appealed. They argued that the judge made a mistake in saying Miers and Gregoire had ended their part in the conspiracy. However, the court reviewed the evidence and found that both defendants had indeed separated themselves from the drug conspiracy before the incident occurred, so they couldn’t be held responsible for the murder. The court confirmed that Gregoire was removed from the drug operation because of her problems with addiction, causing others not to want her in the conspiracy anymore. Also, Miers had moved to another state and had stopped working with the main person involved in drug sales before the death happened. After considering everything, the court decided that the earlier ruling was fair and didn't show an abuse of discretion. In conclusion, the court affirmed that Miers and Gregoire could not be charged with first degree murder because they had taken themselves out of the conspiracy before the victim's death. The dissenting judge felt that the court made an error and that the defendants should still face charges.

F-2006-469

Post author:Staff
Post published:December 13, 2007
Post category:F

In OCCA case No. F-2006-469, Ricky Dale Hester appealed his conviction for First Degree Murder, First Degree Arson, Conspiracy, Robbery with a Dangerous Weapon, and Kidnapping. In a published decision, the court affirmed his convictions on Counts 1, 2, 3, and 4, but reversed the conviction on Count 5 with instructions to dismiss. One judge dissented regarding the kidnapping conviction. Hester was found guilty after a series of serious crimes. The events began when he, along with co-defendant Carl Myers, targeted Richard Hooks. They lured Hooks to a vacant house under false pretenses, where they planned to rob him. Hooks was beaten, stabbed multiple times, and then his body was moved to a garage that was set on fire. The jury sentenced Hester to life in prison without parole for the murder, and significant prison terms for the other counts. During the trial, various pieces of evidence were presented, including confessions made by Hester. However, he raised concerns about certain jury instructions and the admission of evidence. Hester argued that a specific instruction given to the jury about co-conspirator liability was incorrect, as it could lead the jury to presume guilt simply because he was part of a conspiracy. The court found that the jury was properly instructed on the law, and that the evidence presented showed Hester's active involvement in the crimes. He also challenged the trial court’s failure to provide instructions regarding the need for corroboration of confessions and accomplice testimony. The court ruled that sufficient evidence supported Hester’s confessions and that any omission in instructions did not impact the trial's fairness. Hester claimed that the admission of statements made by his co-defendant during the conspiracy was improper and that his statements to his partner were protected by spousal privilege. The court disagreed, finding that the trial had properly handled those matters and that the evidence substantiating the crimes was strong. Despite Hester's arguments, the court determined that the evidence was enough to support the convictions for murder, arson, conspiracy, and robbery, finding he played a crucial role in the criminal acts committed. However, due to a lack of evidence showing an intent to extort while holding Hooks against his will, the kidnapping conviction was reversed. In the end, while Hester's more serious convictions were upheld, the court acknowledged flaws in the evidence related to the kidnapping charge, leading to that particular conviction being dismissed.