Date: 09-15-2014

Case Style: State of Oklahoma v. Brian Ayub

Case Number: CF-2014-2006

Judge: David Youll

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: John Brasher

Defendant's Attorney: John Echols for Brian S. Ayub

Mike Manning for Adrian Ayub

Description: The State of Oklahoma charged Brian Ayub, age 17, and Adrian Ayub with;

Count # 1.
Count as Filed: HM11, FELONY MURDER - FIRST DEGREE , in violation of 21 O.S. 701.7 which provides:

A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.

B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance.

1. Except as provided in paragraph 3 of this subsection, the term "synthetic controlled substance" means a substance:

a. the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II,

b. which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II, or

c. with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II.

2. The designation of gamma butyrolactone does not preclude a finding pursuant to paragraph 1 of this subsection that the chemical is a synthetic controlled substance.

3. Such term does not include:

a. a controlled substance,

b. any substance for which there is an approved new drug application,

c. with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to the extent conduct with respect to such substance is pursuant to such exemption, or

d. any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.

C. A person commits murder in the first degree when the death of a child results from the willful or malicious injuring, torturing, maiming or using of unreasonable force by said person or who shall willfully cause, procure or permit any of said acts to be done upon the child pursuant to Section 843.5 of this title. It is sufficient for the crime of murder in the first degree that the person either willfully tortured or used unreasonable force upon the child or maliciously injured or maimed the child.

D. A person commits murder in the first degree when that person unlawfully and with malice aforethought solicits another person or persons to cause the death of a human being in furtherance of unlawfully manufacturing, distributing or dispensing controlled dangerous substances, as defined in the Uniform Controlled Dangerous Substances Act, unlawfully possessing with intent to distribute or dispense controlled dangerous substances, or trafficking in illegal drugs.

E. A person commits murder in the first degree when that person intentionally causes the death of a law enforcement officer, correctional officer, or corrections employee while the officer or employee is in the performance of official duties.


Date Of Offense: 04/19/2014

Count # 2.
Count as Filed: RBDW, ROBBERY WITH A FIREARM , in violation of 21 O.S. 801, which provides:

Any person or persons who, with the use of any firearms or any other dangerous weapons, whether the firearm is loaded or not, or who uses a blank or imitation firearm capable of raising in the mind of the one threatened with such device a fear that it is a real firearm, attempts to rob or robs any person or persons, or who robs or attempts to rob any place of business, residence or banking institution or any other place inhabited or attended by any person or persons at any time, either day or night, shall be guilty of a felony and, upon conviction therefor, shall suffer punishment by imprisonment for life in the State Penitentiary, or for a period of time not less than five (5) years, at the discretion of the court, or the jury trying the same.

Upon conviction therefor, any person guilty of three separate and distinct felonies, in violation of this section shall suffer punishment by imprisonment for life in the State Penitentiary, or for a period of time of not less than ten (10) years, and it is mandatory upon the court to impose no less than the minimum sentence of ten (10) years. The sentence imposed upon such person shall not be reduced to less than ten (10) calendar years, nor suspended, nor shall any person be eligible for probation or parole or receive any deduction from his sentence for good conduct until he shall have served ten (10) calendar years of such sentence.

Date Of Offense: 04/19/2014


Count # 3.
Count as Filed: RBDW, ROBBERY WITH A FIREARM , in violation of 21 O.S. 801
Date Of Offense: 04/19/2014

Count # 4.
Count as Filed: RBDW, ROBBERY WITH A FIREARM , in violation of 21 O.S. 801
Date Of Offense: 04/19/2014

Count # 5.
Count as Filed: RBDW, ROBBERY WITH A FIREARM , in violation of 21 O.S. 801
Date Of Offense: 04/19/2014

Count # 6.
Count as Filed: RBDW, ROBBERY WITH A FIREARM , in violation of 21 O.S. 801
Date Of Offense: 04/19/2014

Count # 7.
Count as Filed: RBDW, ROBBERY WITH A FIREARM , in violation of 21 O.S. 801
Date Of Offense: 04/19/2014

Count # 8.
Count as Filed: RBDW, ROBBERY WITH A FIREARM , in violation of 21 O.S. 801
Date Of Offense: 04/19/2014

Count # 9.
Count as Filed: KID, KIDNAPPING , in violation of 21 O.S. 741
Date Of Offense: 04/19/2014

Party Name: Disposition Information:

Ayub, Adrian
Disposed: DISMISSED, 06/23/2014. Dismissed by Court.
Count as Disposed:KIDNAPPING (KID)
Violation of 21 O.S. 741

Ayub, Brian S
Disposed: DISMISSED, 06/23/2014. Dismissed by Court.
Count as Disposed:KIDNAPPING (KID)
Violation of 21 O.S. 741

Count # 10.
Count as Filed: KID, KIDNAPPING , in violation of 21 O.S. 741
Date Of Offense: 04/19/2014

Party Name: Disposition Information:

Ayub, Adrian
Disposed: DISMISSED, 06/23/2014. Dismissed by Court.
Count as Disposed:KIDNAPPING (KID)
Violation of 21 O.S. 741

Ayub, Brian S
Disposed: DISMISSED, 06/23/2014. Dismissed by Court.
Count as Disposed:KIDNAPPING (KID)
Violation of 21 O.S. 741

Count # 11.
Count as Filed: KID, KIDNAPPING , in violation of 21 O.S. 741
Date Of Offense: 04/19/2014

Party Name: Disposition Information:

Ayub, Brian S
Disposed: DISMISSED, 06/23/2014. Dismissed by Court.
Count as Disposed:KIDNAPPING (KID)
Violation of 21 O.S. 741

Ayub, Adrian
Disposed: DISMISSED, 06/23/2014. Dismissed by Court.
Count as Disposed:KIDNAPPING (KID)
Violation of 21 O.S. 741

Count # 12.
Count as Filed: KID, KIDNAPPING , in violation of 21 O.S. 741
Date Of Offense: 04/19/2014

Party Name: Disposition Information:

Ayub, Adrian
Disposed: DISMISSED, 06/23/2014. Dismissed by Court.
Count as Disposed:KIDNAPPING (KID)
Violation of 21 O.S. 741

Ayub, Brian S
Disposed: DISMISSED, 06/23/2014. Dismissed by Court.
Count as Disposed:KIDNAPPING (KID)
Violation of 21 O.S. 741

Count # 13.
Count as Filed: KID, KIDNAPPING , in violation of 21 O.S. 741
Date Of Offense: 04/19/2014

Party Name: Disposition Information:

Ayub, Adrian
Disposed: DISMISSED, 06/23/2014. Dismissed by Court.
Count as Disposed:KIDNAPPING (KID)
Violation of 21 O.S. 741

Ayub, Brian S
Disposed: DISMISSED, 06/23/2014. Dismissed with Costs.
Count as Disposed:KIDNAPPING (KID)
Violation of 21 O.S. 741

Count # 14.
Count as Filed: PEACE, ASSAULT WHILE MASKED OR DISGUISED , in violation of 21 O.S. 1303
Date Of Offense: 04/19/2014

Count # 15.
Count as Filed: PEACE, ASSAULT WHILE MASKED OR DISGUISED , in violation of 21 O.S. 1303
Date Of Offense: 04/19/2014

Count # 17.
Count as Filed: PEACE, ASSAULT WHILE MASKED OR DISGUISED , in violation of 21 O.S. 1303
Date Of Offense: 04/19/2014

The State claimed that Brian Ayub, age 17, and Adrian Ayub, age 19, robbed the El 7 Marez restaurant in Tulsa, Oklahoma. Karina Sandoval Jimenez, a passenger in the getaway vehicle was shot by responding police officers.

05-06-2014 CTARRPL - Ayub, Adrian 89521752 May 6 2014 1:20:14:933PM - $ 0.00
LUDI LEITCH, DEBORRAH: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY MIKE MANNING. ARRAIGNMENT HELD. DEFENDANT WAIVES READING OF THE INFORMATION AND FURTHER TIME TO PLEAD. DEFENDANT ENTERS A PLEA OF NOT GUILTY. PRELIMINARY HEARING SET FOR 6-19-14 AT 9:00AM IN ROOM 347. BOND SET IN THE AMOUNT OF CT1: HOLD WITHOUT BOND, CTS 2 - 8: $50,000.00 EACH; DEFENDANT REMANDED TO CUSTODY.

CASE REASSIGNED TO CF-A BASED ON ADMINISTRATIVE ORDER.
05-06-2014 CTARRPL - Ayub, Brian S 89521769 May 6 2014 1:21:19:853PM - $ 0.00
LUDI LEITCH, DEBORRAH: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY JOHN ECHOLS. ARRAIGNMENT HELD. DEFENDANT WAIVES READING OF THE INFORMATION AND FURTHER TIME TO PLEAD. DEFENDANT ENTERS A PLEA OF NOT GUILTY. PRELIMINARY HEARING SET FOR 6-19-14 AT 9:00AM IN ROOM 347. BOND SET IN THE AMOUNT OF CT1: HOLD WITHOUT BOND, CTS 2 - 8: $50,000.00 EACH; DEFENDANT REMANDED TO CUSTODY.

CASE REASSIGNED TO CF-A BASED ON ADMINISTRATIVE ORDER.

09-05-2014 CTPASS - Ayub, Adrian 91215940 Sep 5 2014 1:30:55:173PM - $ 0.00
JUDGE DAVID C. YOULL: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY MICHAEL MANNING. STATE REPRESENTED BY MICHELLE KEELY. PRELIMINARY HEARING CONTINUED TO 9-8-14 AT 9AM IN RM 347. BOND TO REMAIN; DEFENDANT REMANDED TO CUSTODY.
09-05-2014 CTPASS - Ayub, Brian S 91215946 Sep 5 2014 1:31:22:093PM - $ 0.00
JUDGE DAVID C. YOULL: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY JOHN ECHOLS. STATE REPRESENTED BY MICHELLE KEELY. PRELIMINARY HEARING CONTINUED TO 9-8-14 AT 9AM IN RM 347. BOND TO REMAIN; DEFENDANT REMANDED TO CUSTODY.
09-08-2014 CTPASS - Ayub, Adrian 91232561 Sep 8 2014 1:31:15:293PM - $ 0.00
JUDGE DAVID YOULL: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY MICHAEL MANNING. STATE REPRESENTED BY JOHN BRASHER. DEFENDANT BOND OVER TO DISTRICT COURT ON 9/15/14 AT 9:00 AM ROOM 501 BEFORE JUDGE WILLIAM MUSSEMAN. BOND TO REMAIN; DEFENDANT REMANDED TO CUSTODY.
09-08-2014 CTPASS - Ayub, Brian S 91232642 Sep 8 2014 1:30:42:493PM - $ 0.00
JUDGE DAVID YOULL: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY JOHN ECHOS. STATE REPRESENTED BY JOHN BRASHER. COURT REPORTER KIMA HICKS PRESENT. YOUTHFUL OFFENDER HEARING HELD ON RECORD. PARTIES STIPULATE ADMIT YO STUDY TO PSYCHOLOGICAL REPORT. COURT DETERMINES DEFENDANT TO BE COMPETENT. DEFENDANT IS BOUND OVER TO DISTRICT COURT ON 9/15/14 AT 9:00 AM ROOM 501 BEFORE JUDGE WILLIAM MUSSEMAN. BOND TO REMAIN; DEFENDANT REMANDED TO CUSTODY.

Outcome: Defendant Brian Ayub pleaded guilty to felony murder and was sentenced to 30-years in prison.

Plaintiff's Experts:

Defendant's Experts:

Comments: