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Date: 10-28-2022

Case Style:

State of Oklahoma v. James Wilson Cato, Jr.

Case Number: CF-2021-2239

Judge: Dawn Moody

Court: In the District Court in and for Tulsa County, Oklahoma

Plaintiff's Attorney: Tulsa County District Attorney’s Office

Defendant's Attorney:





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Description: Tulsa, Oklahoma criminal law lawyer represented Defendant, charged with first degree manslaughter during commission of a misdemeanor (speeding) in violation of 21 O.S. 711.1, which provides:

Homicide is manslaughter in the first degree in the following cases:

1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.

2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide.

3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.

Driving under the influence of drugs in violation of 47 O.S. 11-902.

Reckless driving reckless driving in violation of 47 O.S. 11-901(a)(b).

Failure to keep to the right in violation of 47 O.S. 11-301.

Driving without a drivers license in violation of 47 O.S. 6-303.

Cato was diving at an estimated 80 mph when he ran into another vehicle killing the driver.

Outcome: 10-28-2022 CONVICTED


JUDGE DAWN MOODY: DEFENDANT PRESENT, IN CUSTODY, AND IS REPRESENTED BY THE PUBLIC DEFENDER'S OFFICE. STATE REPRESENTED BY KEVIN GRAY. COURT REPORTER IS LISA FOSTER. CASE CALLED FOR DISPOSITION NO ISSUE. DEFENDANT SWORN IN OPEN COURT. THE DEFENDANT ENTERS A PLEA OF GUILTY WITHOUT THE BENEFIT OF A RECOMMENDATION FROM THE STATE, WAIVED RIGHTS TO JURY, NON JURY TRIAL. THE COURT ACCEPTS THE DEFENDANTS PLEA OF GUILTY. THE COURT FINDS THE DEFENDANT GUILTY. DEFENDANT SENTENCED AS FOLLOWS:

COUNT 1: DEFENDANT SENTENCED TO THIRTY-FIVE (35) YEARS IN THE DEPARTMENT OF CORRECTIONS. DEFENDANT ASSESSED COSTS ONLY.

COUNT 2: DEFENDANT SENTENCED TO ONE (1) YEAR IN THE TULSA COUNTY JAIL. DEFENDANT ASSESSED COSTS ONLY.

COUNT 3: DEFENDANT SENTENCED TO NINETY (90) DAYS IN THE TULSA COUNTY JAIL. DEFENDANT ASSESSED COSTS ONLY.

COUNT 4: DEFENDANT SENTENCED TO TEN (10) DAYS IN THE TULSA COUNTY JAIL. DEFENDANT ASSESSED COSTS ONLY.

COUNT 5: DEFENDANT SENTENCED TO THIRTY (30) DAYS IN THE TULSA COUNTY JAIL. DEFENDANT ASSESSED COSTS ONLY.

DEFENDANT TO RECEIVE CREDIT FOR TIME SERVED AND EARNED. ALL COUNTS TO RUN CONCURRENT WITH EACH OTHER AND WITH CF-21-2239, CM-20-3577, AND CF-20-4586. DEFENDANT ADVISED OF 85% RULE. OFFENDER SUBJECT TO MARY RIPPY VIOLENT CRIMES OFFENDER REGISTRATION.

DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 AND J&S ISSUED. BOND EXONERATED. COMMITMENT FOR PUNISHMENT ISSUED TO JAIL.

Plaintiff's Experts:

Defendant's Experts:

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