Date: 01-16-2015

Case Style: State of Oklahoma v. Chauncey Jodonis Thomas

Case Number: CF-2013-5485

Judge: William Musseman

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Eric Jordan

Defendant's Attorney:

Mike Manning

Description: Tulsa, OK - Criminal defense lawyer Mike Manning represented Chauncey Jodonis Thomas who was charged by the State of Oklahoma with first-degree felony murder in violation of 21 O.S. 701.7 and robbery with a firearm in violation of 47 O.S. 4.103.

The information filed by the District Attorney stated as follows:

(COUNT 1)
21 O.S. 701.7
JOSHUA QAUYSHAUN ROGERS AND CHAUNCEY JODONIS THOMAS, on or about 10/27/2013, in Tulsa County, State of Oklahoma and within the jurisdiction of this Court, did commit the crime of FELONY MURDER-FIRST DEGREE, a Felony, by unlawfully, feloniously, and willfully while acting in concert each with the other and during the commission of an ATTEMPTED ROBBERY WITH A FIREARM, a Felony, by unlawfully, feloniously, and wrongfully, while acting in concert each with the other, attempt to rob one Monte He Foreman and to take and carry away certain money and/or personal property of value, to-wit: cash and vehicle, belonging to Monte He Foreman and in the possession of said Monte He Foreman and in his immediate presence, without his consent and against his will, by then and there committing an assault on the said Monte He Foreman with a fireann to-wit: a handgun used and held by said defendants and with which they threatened to harm the said Monte He Foreman if he resisted, and did then and there demand of said Monte He Foreman, his money and/or property but failed in the accomplishment of said robbery, without authority of law, effect the death of Monte He Foreman by shooting him then and there and thereby inflicting certain mortal wounds in the body of said Monte He Foreman from which mortal wounds the same Monte He Foreman did languish and die on the 27111 day of October 2013,
(COUNT 2)
21 0.S. 801
JOSHUA QAUYSHAUN ROGERS AND CHAUNCEY JODONIS THOMAS, on or about 10/27/2013, in Tulsa County, State of Oklahoma and within the jurisdiction of this Court, did commit the crime of ATTEMPTED ROBBERY WITH A FIREARM, a Felony, by unlawfully, feloniously, and wrongfully, while acting in concert each with the other, attempt to rob one Monte He Foreman and to take and carry away certain money and/or personal property of value, to-wit *** vehicle belonging to Monte He Foreman and in the possession of said Monte He Foreman and in his immediate presence, without his consent and against his will, by then and *** Foreman with a firearm to-wit: a handgun used and held by said defenddant and with which he threatened to harm the said Monte He Foreman if he resisted, and did then and there demand of said Monte He Foreman, his money and/or property but failed in the accomplishment of said robbery.

Title 21 O.S. 701.7 provide:



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 47 O.S. 4-103 provides:

A person not entitled to the possession of a vehicle or implement of husbandry who receives, possesses, conceals, sells, or disposes of it, knowing the vehicle or implement of husbandry to be stolen or converted under circumstances constituting a crime, shall be guilty of a felony.

Outcome: JUDGE WILLIAM MUSSEMAN: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY MIKE MANNING. STATE REPRESENTED BY ERIC JORDAN. COURT REPORTER DANA RUSH. CASE CALLED FOR JURY TRIAL AND PARTIES ANNOUNCE READY FOR TRIAL. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVES AND AT 11:45AM, THE BAILIFF AND JURY RETIRE FOR DELIBERATION. AT 1:15PM, 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 NOT GUILTY AS TO COUNT 1 AND NOT GUILTY AS TO COUNT 2. JURORS CONCURRING, SIGNED BY THE FOREMAN. JURY DISCHARGED. BOND EXONERATED. RELEASE ISSUED.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Comment: The jury was out 65 minutes. The Court commented to the jury that the "defendant got away with this one" and then spent quite a bit to time talking to the jury after the verdict was returned.