Click Here to Watch How To Find A Lawyer by Kent Morlan

Click Here For The Best Tulsa Criminal Defense Lawyer Directory

Description: Tulsa, Oklahoma criminal defense attorney represented Defendant, charged with first-degree murder in violation of 21 O.S. 701.7 and unlawfully removed a dead body in violation of 21 O.S. 1161 A.

Nicholas Allen McCarty, age 26, was accused of killing Keli Gilbert, age 54, by strangling her on January 24, 2021 and then disposing of her body.

The Defendant was found to be in possession of the victim's cell phone when arrest.

Outcome: 04-25-2022 CONVICTED


JUDGE CLIFFORD J. SMITH: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY AMANDA MIMS AND SARAH MCMANES. STATE REPRESENTED BY STEVE KUNZWEILER AND KELLY SWEENY. COURT REPORTER TAISHA IRONS THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. THE JURORS ARE ACCEPTED FOR CAUSE. PEREMPTORY CHALLENGES ISSUED BY THE STATE OF OKLAHOMA: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. PEREMPTORY CHALLENGES ISSUED BY THE DEFENDANT: 1. 2. 3. 4. 5. 6.7.8.9. 10. THE FOLLOWING JURORS ARE ACCEPTED AND SWORN TO TRY THE CAUSE: 1. 2.3.4.5.6.7.8.9.10.11.12. THE FOLLOWING ALTERNATE JURORS ARE SELECTED 1. THE RULE OF SEQUESTRATION WAS INVOKED. STATE PRESENTS EVIDENCE AND RESTS. DEFENDANT DEMURS AND THE DEMURRER IS OVERRULED. DEFENDANT PRESENTS EVIDENCE AND RESTS. DEFENDANT MOVES FOR DIRECTED VERDICT AND IS OVERRULED. BOTH SIDES REST. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. 13TH JUROR IS RELEASED FROM DUTIES. ALTERNATE JUROR IS SEATED. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 2:35PM THE BAILIFF AND JURY RETIRE FOR DELIBERATION. AT 5:13 THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT AND IS TO WIT: WE, THE JURY IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO UPON OUR OATHS FIND THE DEFENDANT COUNT 1) GUILTY OF THE CHARGE OF MURDER IN THE FIRST DEGREE , IN VIOLATION OF 21 O.S. 701.7 . COUNT 2) GUILTY OF UNLAWFUL REMOVAL OF DEAD BODY, IN VIOLATION OF 21 O.S. 1161 A. JURORS CONCURRING, SIGNED BY 1 FOREMAN. WITNESSES SWORN AND TESTIMONY HEARD IN TRIAL: 11

CASE CALLED FOR SECOND STAGE PROCEEDINGS. PARTIES PRESENT. STATE PRESENTS EVIDENCE AND RESTS. NO WITNESSES SWORN OR TESTIMONY HEARD. DEFENDANT DEMURS TO THE EVIDENCE AND MOVES FOR A DIRECTED VERDICT. AT 6:06 THE BAILIFF AND JURY RETIRE FOR DELIBERATION. AT 6:39 THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT AND IS TO WIT: WE, THE JURY IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO UPON OUR OATHS FIX PUNISHMENT AT COUNT 1) LIFE IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS WITHOUT THE POSSIBILITY OF PAROLE. COUNT 2: LIFE IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS. JURORS CONCURRING, SIGNED BY 1, FOREMAN. JURY DISCHARGED. BOND EXONERATED

CASE COMES ON FOR FORMAL SENTENCING AFTER PSI. DEFENDANT SENTENCED TO:

COUNT 1: LIFE WITHOUT THE POSSIBILITY OF PAROLE ALL UNDER THE CUSTODY AND CONTROL OF THE DEPARTMENT OF CORRECTIONS DEFENDANT ASSESSED $ 500.00 FINE, PLUS COSTS.
COUNT 2: LIFE, ALL UNDER THE CUSTODY AND CONTROL OF THE DEPARTMENT OF CORRECTIONS DEFENDANT ASSESSED COSTS.

ALL COUNTS ARE TO RUN CONSECUTIVE

JUDGEMENT AND SENTENCE ISSUED

Plaintiff's Experts:

Defendant's Experts:

Comments: