State of Oklahoma v. Darron Ray Payne
Case Number: CF-2023-4546
Judge: Sharon Holmes
Court: In the District Court in and for Tulsa County, Oklahoma
Plaintiff's Attorney: Tulsa County District Attorney’s Office
Defendant's Attorney:
Description:
Tulsa, Oklahoma, Shooting with intent to kill criminal defense lawyer represented the Defendant.
Violation of 21 O.S. 652 which provides:
A. Every person who intentionally and wrongfully shoots another with or discharges any kind of firearm, with intent to kill any person, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, shall upon conviction be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding life.
B. Every person who uses any vehicle to facilitate the intentional discharge of any kind of firearm, crossbow or other weapon in conscious disregard for the safety of any other person or persons, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, shall upon conviction be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not less than two (2) years nor exceeding life.
C. Any person who commits any assault and battery upon another, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, by means of any deadly weapon, or by such other means or force as is likely to produce death, or in any manner attempts to kill another, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, or in resisting the execution of any legal process, shall upon conviction be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding life.
D. The provisions of this section shall not apply to:
1. Acts which cause the death of an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented; or
2. Acts which are committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
E. Under no circumstances shall the mother of the unborn child be prosecuted for causing the death of the unborn child unless the mother has committed a crime that caused the death of the unborn child.
Outcome: DEFENDANT SWORN IN OPEN COURT, ENTERS A PLEA OF GUILTY AND WAIVES THE RIGHT TO A TRIAL BY JURY. COURT ACCEPTS PLEA AND WITHHOLDS A FINDING OF GUILT FOR ONE (1) YEAR UNTIL 9/22/2025 AT 9:00AM IN ROOM 506. DEFENDANT MUST FOLLOW THE RULES AND CONDITIONS OF DISTRICT ATTORNEY SUPERVISION AND PAY $300.00 COURT FUND ASSESSMENT; $75.00 VICTIM'S COMPENSATION ASSESSMENT.
ADVISED OF APPEAL RIGHTS. RULE 8 FORM AND J&S ISSUED. BOND EXONERATED.
AMENDED TO RECKLESS CONDUCT WITH A FIREARM
Plaintiff's Experts:
Defendant's Experts:
Comments: