Date: 06-09-2022

Case Style:

State of Oklahoma v.Codey Carrell

Case Number: CF-2021-4235

Judge: Michelle Keely

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

Plaintiff's Attorney: Assistant District Attorney Kevin Gray

Tulsa County District Attorney’s Office

Defendant's Attorney: Assistant Public Defender Amanda Mims

Click Here For The Best Tulsa Criminal Defense Lawyer Directory

Description: Tulsa, Oklahoma criminal defense attorney represented Defendant, charged with first-degree manslaughter committed during te commission of a misdemeanor in violation of 21 O.S. 711.1, leaving the scene of a fatality auto collision in violation of 47 O.S. 10-102.1, speeding in excess of the lawful maximum limit in violation of 47 O.S. 801(B).

Codey Carrell, age 28, was speeding on Admiral Boulevard at Utica Avenue on October 5, 2021 causing auto accident that resulted in the death of Mary Byers.

21 O.S. Section 711 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.

21 O.S. Section 10-102.1 provides:

A. The driver of any vehicle involved in an accident resulting in the death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 10-104 of this title. Every such stop shall be made without obstructing traffic more than is necessary.

B. Any person willfully, maliciously, or feloniously failing to stop to avoid detection or prosecution, or to comply with said requirements under such circumstances, shall upon conviction be guilty of a felony punishable by imprisonment for not less than one (1) year nor more than ten (10) years, or by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.

C. The Commissioner of Public Safety shall revoke the license or permit to drive and any nonresident operating privilege of the person so convicted.

Outcome: UDGE MICHELLE KEELY: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY AMANDA MIMS, PD. STATE REPRESENTED BY HANNAH SCANDY FOR KEVIN GRAY. COURT REPORTER: ANDREA FISHER. DEFENDANT ADVISED OF RIGHTS, WAIVED JURY/NON JURY TRIAL AND ENTERED PLEA OF GUILTY. COURT ACCEPTS GUILTY PLEA, FINDS DEFENDANT GUILTY, AND SENTENCES AS FOLLOWS:

COUNT 1) DEFENDANT SENTENCED TO TEN (10) YEARS IN THE DEPARTMENT OF CORRECTIONS, ALL TIME IN CUSTODY. DEFENDANT ASSESSED: COSTS.

COUNT 2) DEFENDANT SENTENCED TO TEN (10) YEARS IN THE DEPARTMENT OF CORRECTIONS, ALL TIME IN CUSTODY. DEFENDANT ASSESSED: COSTS.

COUNT 3) DEFENDANT SENTENCED TO THIRTY (30) DAYS IN THE TULSA COUNTY JAIL, ALL TIME IN CUSTODY. DEFENDANT ASSESSED: COSTS.

COUNT 4) DEFENDANT SENTENCED TO THIRTY (30) DAYS IN THE TULSA COUNTY JAIL, ALL TIME IN CUSTODY. DEFENDANT ASSESSED: COSTS.

ALL COUNTS TO RUN CONCURRENTLY WITH EACH OTHER.

CASE TO RUN CONCURRENTLY WITH PAWNEE COUNTY CF-2020-172.

DEFENDANT RECEIVES CREDIT FOR TIME SERVED AND EARNED.

THE COURT ORDERS IMMEDIATE TRANSPORTATION TO THE DEPARTMENT OF CORRECTIONS AT THE REQUEST OF THE DEFENDANT.

DEFENDANT IS GIVEN 180 DAYS AFTER RELEASE TO REPORT TO COST ADMINISTRATION TO SET UP A PAYMENT PLAN.

DEFENDANT'S INFORMATION SUBJECT TO MARY RIPPY VIOLENT OFFENDER REGISTRATION.

DEFENDANT ADVISED OF 85%, ADVISED OF APPEAL RIGHTS. RULE 8 EXECUTED. BOND EXONERATED. J&S ISSUED. COMMITMENT FOR PUNISHMENT ISSUED.

Plaintiff's Experts:

Defendant's Experts:

Comments: