Date: 06-12-2014

Case Style: State of Oklahoma v. David Ernst

Case Number: CF-2013-00332

Judge: Joe Sam Vassar

Court: District Court, Creek County, Oklahoma

Plaintiff's Attorney: Don Nelson and Mike Loeffler

Defendant's Attorney: James Dennis

Description: The State of Oklahoma charged David Ernst, age 53, with four counts of first-degree manslaughter as a result of an auto accident near Kellyville, Oklahoma in 2013 that resulted in the deaths of Vernon Bowles, 73; his girlfriend, Sue Frazier, 74; Frazier’s daughter, Vivian Henry, 53; and Henry’s grandson, Alex Henry, 9.

The State alleged that Ernst was under the influence of a cocktail of prescription drugs.

Ernst took the stand and testified that he had taken Valium, Lortab and an anti-depressant.

A witness for the State testified that the Defendant had run off of the road a number of times and had forced other vehicles off of the road along a 10 mile stretch of the highway where the accident occurred.

Court docket entries:

06/11/2014 CM:JSV - VICKI CALVIN, CSR (6-10-14) STATE OF OKLAHOMA $20.00

PRESENT BY MIKE LOEFFLER & DON NELSON, ADA - DEFEDANT PRESENT AND WITH HIS ATTORNEY JAMES DENNIS/ CAUSE COMES ON FOR JURY TRIAL/ALL PARTIES ANNOUNCE READY TO PROCEED. JURY IS CALLED AND SWORN AS TO QUALIFICATIONS 12 JURORS & 1 ALTERNATE SELECTED, SEATED & SWORN TO TRY TRY THE CAUSE. OPENING INSTRUCTIONS READ TO JURY. OPEN- ING. OPENING STATEMENTS ARE PRESENTED BY BOTH SIDES. THE RULE IS INVOKED. FOUR WITNESSES SWORN, TESTIMONY GIVEN. COURT IS RECESSED UNTIL JUNE 11, 2014 AT 9:30 AM $25.00

06/12/2014 CM:JSV:VC CSR:6-11-14 - JURY TRIAL - CAUSE COMES ON FOR FURTHER HEARING PURSUANT TO RECESS OF JUNE 10, 2014 - THE JURY IS IN THE BOX AND ALL PARTIES ANNOUNCE READY TO PROCEED - EIGHT WITNESSES ARE SWORN, TESTIMONY PRESENTED - STATE RESTS - DEFENDANT DEMURS TO THE EVIDENCE AND SAME IS OVERRULED - DEFENSE PRESENTS TESTIMONY - FIVE WITNESSES SWORN - BOTH SIDES REST - COURT IS RECESSED UNTIL 6-12-14 AT 9:30 A.M.

06/12/2014 JURY INSTRUCTIONS

06/12/2014 VERDICT

06/12/2014 ORDER TO CONDUCT PRE-SENTENCE INVESTIGATION

06/12/2014 CM:JSV:VC CSR:6-12-14 - CAUSE COMES ON FOR: JURY TRIAL - RULING/FINDING BY COURT: CAUSE COMES ON FOR FURTHER HEARING PURSUANT TO RECESS OF JUNE 11, 2014 - THE JURY IS IN THE BOX AND ALL PARTIES ANNOUNCE READY TO PROCEED - INSTRUCTIONS ARE READ TO THE JURY BY THE COURT - CLOSING ARGUMENTS ARE PRESENTED - BOTH SIDES WAIVE THE SWEARING OF THE BAILIFF AND THE JURY RETIRES TO THE JURY ROOM FOR DELIBERATIONS - THE JURY RETURNS TO THE COURTROOM WITH A VERDICT OF GUILTY OF MANSLAUGHTER 1ST DEGREE ON ALL FOUR COUNTS AND FIXES PUNISHMENT AT 7 YEARS ON COUNT1, 7 YEARS ON COUNT 2, 15 YEARS ON COUNT 3 AND 7 YEARS ON COUNT 4 - SENTENCING IS SET FOR 8-6-14 AT 1:30 P.M. AT THE CREEK COUNTY JUSTICE CENTER, SAPULPA, OK - PRE-SENTENCE INVESTIGATION IS ORDERED - DEFENDANT REMANDED TO CUSTODY AND THE JURY IS EXCUSED FROM SERVICE

Outcome: Defendant was found guilty. The jury recommended seven-year sentences on the convictions involving the adult victims and a 15-year term on the conviction stemming from the child’s death.

Plaintiff's Experts:

Defendant's Experts:

Comments: