Date: 04-15-2014

Case Style: State of Oklahoma v. Jazmin Williams, a/k/a Jazmin Summers and Mica Shoate

Case Number: CF-2012-1417

Judge: James Caputo

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Sarah McAmis and Amanda Self

Defendant's Attorney: Arya A. Adibi and James Parman for Jazmin Williams

Description: The State of Oklahoma charged Jazmin Williams, a/k/a Jazmin Summers and Mica Shoate with:

Count # 1.
Count as Filed: HM11, CHILD ABUSE MURDER , in violation of 21 O.S. 701.7
Date Of Offense: 03/24/2012

Jazmin Williams

Count # 2.
Count as Filed: HM11, CHILD ABUSE MURDER , in violation of 21 O.S. 701.7
Date Of Offense: 03/24/2012

Mica Shoate

Count # 3.
Count as Filed: CHN, CHILD NEGLECT , in violation of 21 O.S. 843.5 (C)
Date Of Offense: 03/24/2012

Mica Shoate

The State alleged that the Defendants with beating 19-month-old Zamontay Green to death in March of 2012.

The dead child was found in the back seat of a care driven by Shoate while it was stopped by a Tulsa police officer.

The defendants claimed that the child was abused while in someone else's care.

The child was not biologically related to the women and was apparently left with them by the biological mother who left him with the defendants when she moved to Arkansas.

Title 21 O.S. Section 701.7 provides:



A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.

B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance.

1. Except as provided in paragraph 3 of this subsection, the term "synthetic controlled substance" means a substance:

a. the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II,

b. which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II, or

c. with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II.

2. The designation of gamma butyrolactone does not preclude a finding pursuant to paragraph 1 of this subsection that the chemical is a synthetic controlled substance.

3. Such term does not include:

a. a controlled substance,

b. any substance for which there is an approved new drug application,

c. with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to the extent conduct with respect to such substance is pursuant to such exemption, or

d. any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.

C. A person commits murder in the first degree when the death of a child results from the willful or malicious injuring, torturing, maiming or using of unreasonable force by said person or who shall willfully cause, procure or permit any of said acts to be done upon the child pursuant to Section 843.5 of this title. It is sufficient for the crime of murder in the first degree that the person either willfully tortured or used unreasonable force upon the child or maliciously injured or maimed the child.

D. A person commits murder in the first degree when that person unlawfully and with malice aforethought solicits another person or persons to cause the death of a human being in furtherance of unlawfully manufacturing, distributing or dispensing controlled dangerous substances, as defined in the Uniform Controlled Dangerous Substances Act, unlawfully possessing with intent to distribute or dispense controlled dangerous substances, or trafficking in illegal drugs.

E. A person commits murder in the first degree when that person intentionally causes the death of a law enforcement officer, correctional officer, or corrections employee while the officer or employee is in the performance of official duties.

Title 21 O.S. Section 843.5 provides:

A. Any parent or other person who shall willfully or maliciously engage in child abuse shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, "child abuse" means the willful or malicious abuse, as defined by paragraph 2 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another, or the act of willfully or maliciously injuring, torturing or maiming a child under eighteen (18) years of age by another.

B. Any parent or other person who shall willfully or maliciously engage in enabling child abuse shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) or both such fine and imprisonment. As used in this subsection, "enabling child abuse" means the causing, procuring or permitting of a willful or malicious act of child abuse, as defined by paragraph 2 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another. As used in this subsection, "permit" means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of abuse as proscribed by this subsection.

C. Any parent or other person who shall willfully or maliciously engage in child neglect shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, "child neglect" means the willful or malicious neglect, as defined by paragraph 46 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another.

D. Any parent or other person who shall willfully or maliciously engage in enabling child neglect shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, "enabling child neglect" means the causing, procuring or permitting of a willful or malicious act of child neglect, as defined by paragraph 46 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another. As used in this subsection, "permit" means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of neglect as proscribed by this subsection.

E. Any parent or other person who shall willfully or maliciously engage in child sexual abuse shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment, except as provided in Section 51.1a of this title or as otherwise provided in subsection F of this section for a child victim under twelve (12) years of age. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment. As used in this section, "child sexual abuse" means the willful or malicious sexual abuse, as defined by subparagraph b of paragraph 2 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another.

F. Any parent or other person who shall willfully or maliciously engage in sexual abuse to a child under twelve (12) years of age shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for not less than twenty-five (25) years nor more than life imprisonment, and by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).

G. Any parent or other person who shall willfully or maliciously engage in enabling child sexual abuse shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, "enabling child sexual abuse" means the causing, procuring or permitting of a willful or malicious act of child sexual abuse, as defined by subparagraph b of paragraph 2 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under the age of eighteen (18) by another. As used in this subsection, "permit" means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of sexual abuse as proscribed by this subsection.

H. Any parent or other person who shall willfully or maliciously engage in child sexual exploitation shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment except as provided in subsection I of this section for a child victim under twelve (12) years of age. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment. As used in this subsection, "child sexual exploitation" means the willful or malicious sexual exploitation, as defined by subparagraph c of paragraph 2 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another.

I. Any parent or other person who shall willfully or maliciously engage in sexual exploitation of a child under twelve (12) years of age shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for not less than twenty-five (25) years nor more than life imprisonment, and by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).

J. Any parent or other person who shall willfully or maliciously engage in enabling child sexual exploitation shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, "enabling child sexual exploitation" means the causing, procuring or permitting of a willful or malicious act of child sexual exploitation, as defined by subparagraph c of paragraph 2 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another. As used in this subsection, "permit" means to authorize or allow for the care of a child by an individual when the person authorizing or allowing such care knows or reasonably should know that the child will be placed at risk of sexual exploitation as proscribed by this subsection.

K. Notwithstanding any other provision of law, any parent or other person convicted of forcible anal or oral sodomy, rape, rape by instrumentation, or lewd molestation of a child under fourteen (14) years of age subsequent to a previous conviction for any offense of forcible anal or oral sodomy, rape, rape by instrumentation, or lewd molestation of a child under fourteen (14) years of age shall be punished by death or by imprisonment for life without parole.

Outcome: 02-25-2014 CTJURY - SHOATE, MICA 88627722 Mar 7 2014 2:33:42:930PM - $ 0.00
JUDGE JAMES CAPUTO: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY KENT BRIDGE. STATE REPRESENTED BY SARAH MCAMISH AND AMANDA SELF. COURT REPORTER TINA ROSE. CASE CALLED FOR JURY TRIAL AND PARTIES ANNOUNCE READY FOR TRIAL. JACKSON V DENO HEARING HELD SEVEN (7) WITNESSESS SWORN. COURT FINDS THE STATEMENTS ALLOWED SUBJECT TO OBJECTIONS. THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. ONE (1) JUROR IS EXCUSED FOR CAUSE. THE JURORS ARE ACCEPTED FOR CAUSE. PEREMPTORY CHALLENGES ISSUED BY THE STATE OF OKLAHOMA. PEREMPTORY CHALLENGES ISSUED BY THE DEFENDANT: THE JURORS ARE ACCEPTED AND SWORN TO TRY THE CAUSE: TWO (2) ALTERNATE JURORS ARE SELECTED.. 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. THE SWEARING OF THE BAILIFF IS WAIVES AND AT 1:20 P.M. ON 3-6-2014, THE BAILIFF AND JURY RETIRE FOR DELIBERATION. AT 4:45 P.M. ON 3-6-2014, 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 GUILTY OF THE CHARGE OF COUNT 2 CHILD ABUSE MURDER AND FIX PUNISHMENT AT LIFE WITHOUT PAROLE AND NO FINE. COUNT 3 GUILTY OF CHILD NEGLECT AND FIX PUNISHMENT AT LIFE AND NO FINE. JURORS CONCURRING, SIGNED BY FOREMAN. JURY DISCHARGED. COURT ORDERS DEFENDANT TAKEN INTO CUSTODY. BOND EXONERATED. DEFENDANT REQUESTS PSIR. NEW BOND SET IN THE AMOUNT OF HOLD WITHOUT BOND. FORMAL SENTENCING SET FOR 4-14-2014 AT 9:00 A.M.. WITNESSES SWORN AND TESTIMONY HEARD IN TRIAL.

02-25-2014 CTJURY - WILLIAMS, JAZMIN 88627952 Mar 7 2014 2:39:22:790PM - $ 0.00
JUDGE JAMES CAPUTO: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY JAMES PARKMAN III, WILLIAM WHITE II AND ARYA ADIDI. STATE REPRESENTED BY SARAH MCAMIS AND AMANDA SELF. COURT REPORTER TINA ROSE. CASE CALLED FOR JURY TRIAL AND PARTIES ANNOUNCE READY FOR TRIAL. JACKSON V DENO HEARING HELD SEVEN (7) WITNESSES SWORN. COURT FINDS THE STATEMENTS ALLOWED SUBJECT TO OBJECTIONS. THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. ONE (1) JUROR IS EXCUSED FOR CAUSE. THE JURORS ARE ACCEPTED FOR CAUSE. PEREMPTORY CHALLENGES ISSUED BY THE STATE OF OKLAHOMA. PEREMPTORY CHALLENGES ISSUED BY THE DEFENDANT: THE JURORS ARE ACCEPTED AND SWORN TO TRY THE CAUSE: TWO (2) ALTERNATE JURORS ARE SELECTED.. 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. THE SWEARING OF THE BAILIFF IS WAIVES AND AT 1:20 P.M. ON 3-6-2014, THE BAILIFF AND JURY RETIRE FOR DELIBERATION. AT 4:45 P.M. ON 3-6-2014, 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 GUILTY OF THE CHARGE OF COUNT 2 CHILD ABUSE MURDER AND FIX PUNISHMENT AT LIFE WITHOUT PAROLE AND NO FINE. COUNT 3 GUILTY OF CHILD NEGLECT AND FIX PUNISHMENT AT LIFE AND NO FINE. JURORS CONCURRING, SIGNED BY FOREMAN. JURY DISCHARGED. COURT ORDERS DEFENDANT TAKEN INTO CUSTODY. BOND EXONERATED. DEFENDANT REQUESTS PSIR. NEW BOND SET IN THE AMOUNT OF HOLD WITHOUT BOND. FORMAL SENTENCING SET FOR 4-14-2014 AT 9:00 A.M.. WITNESSES SWORN AND TESTIMONY HEARD IN TRIAL.

Both defendants were sentenced to life in prison.

Plaintiff's Experts:

Defendant's Experts: Dr. Jack Daniel

Comments: