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Date: 07-27-2022
Case Style:
Case Number: CF-2021-3628
Judge: Michelle Keely
Court: In the District Court in and for Tulsa County, Oklahoma
Plaintiff's Attorney: Tulsa County District Attorney’s Office
Defendant's Attorney: Assistant Public Defender Alex Bramblett
Description: Tulsa, Oklahoma public defender represents Defendant charged with first degree murder.
Cody O'Bryan, age 22, shot and killed Paul Stephen Bernius, IV. Bernius was O'Bryan's landlord and roommate, but did not get along. On September 19, 2021, O'Bryan killed Bernius.
O'Bryan claimed self defense and asserted the Oklahoma's Stand Your Ground law should apply. 21 O.S. 733 states:
A. Homicide is also justifiable when committed by any person in any of the following cases:
1. When resisting any attempt to murder such person, or to commit any felony upon him, or upon or in any dwelling house in which such person is;
2. When committed in the lawful defense of such person or of another, when the person using force reasonably believes such force is necessary to prevent death or great bodily harm to himself or herself or another or to terminate or prevent the commission of a forcible felony; or
3. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace.
B. As used in this section, "forcible felony" means any felony which involves the use or threat of physical force or violence against any person
Outcome: Defendant's motion to dismissed was overruled.
Plaintiff's Experts:
Defendant's Experts:
Comments: