Date: 11-18-2015

Case Style: State of Oklahoma v. Cody Delano

Case Number: CF-2014-2171

Judge: Thad Balkman

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Jennifer P. Austin

Defendant's Attorney: Paul Faulk, John Jensen, Joi McClendon

Description: Norman, OK - Nineteen-Year-Old Convicted To Killing Fourteen-Year-Old - Life In Prison Likely

The State of Oklahoma charged Cody Delano, age 19, with first-degree murder in violation of 21 O.S. 701.7 for shooting and killing Railena Rhodes when he shot five or six rounds at the house where she lived after getting into a fight with another man and was chased out of the house.

The defense argued that Delano's friends took his car and guns and shot into the house.

The information filed by the State stated:

"I, Greg Mashburn, the undersigned District Attorney of said County, in the name and by the authority, and on behalf of the State of Oklahoma! give information that in said County of Cleveland and in the State of Oklahoma, CODY DALLAS DELANO, did then and there unlawfully, willfully, knowingly and wrongfully commit the following crime(s):
COUNT 1: MURDER IN THE FIRST DEGREE - FELONY MURDER - a FELONY, on or about the 29th day of November, 2014, by unlawfully, willfully, and feloniously, without authority of law and without malice aforethought, effect the death of one RAILENA RHODES, during the commission of Intentional Discharge of a Firearm Into a Dwelling, did kill the said RAILENA RHODES, by means of shooting her with a firearm, causing the death of RAILENA RHODES, contrary to the form of the

Statutes in such cases made and provided and against the peace and dignity of the State of Oklahoma."

A second affidavit stated:

"The defendant used a vehicle to facilitate the intentional discharge of a firearm into a residence at 122 SE 2nd Street with conscious disregard for the safety of the persons inside the home. One of the rounds fired by the defendant from the vehicle struck the victim in the neck, causing the death of a human being. The defendant had been at a party at 122 SE 2nd and was involved in a physical altercation with other people at the party. The defendant left the party after the fight and later returned to the residence. The defendant used the firearm to fire several rounds into the residence at 122 SE 2nd and into the surrounding area from the vehicle. One of the rounds that entered the residence after being fired by the defendant struck a 14 year old girl, causing her death. The defendant fled the area after firing into the residence from the vehicle."

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.

Outcome: Defendant was found guilty after 9 hours of deliberation with a recommendation that he be sentenced to life in prison.

Plaintiff's Experts:

Defendant's Experts:

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