Date: 12-05-2016

Case Style:

Case Number: CF-2014-2446

Judge: Nightingale

Court: DISTRICT COURT, TULSA COUNTY, OKLAHOMA

Plaintiff's Attorney: Sean Waters

Defendant's Attorney: Stephanie Singer, PD

Description: Tulsa, OK - The State of Oklahoma charged Randall Douglas McHenry with:

Count # 1.
Count as Filed: ABDGR, ASSAULT WITH A DANGEROUS WEAPON, in violation of 21 O.S. 645, which provides:
"Every person who, with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon the person of another with any sharp or dangerous weapon, or who, without such cause, shoots at another, with any kind of firearm, air gun, conductive energy weapon or other means whatever, with intent to injure any person, although without the intent to kill such person or to commit any felony, upon conviction is guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding ten (10) years, or by imprisonment in a county jail not exceeding one (1) year."

Date of Offense: 05/24/2014

Party Name

Disposition Information

MCHENRY, RANDALL DOUGLAS
Disposed: CONVICTION, 12/05/2016. Guilty Plea
Count as Disposed: ASSAULT WITH A DANGEROUS WEAPON(ABDGR)
Violation of 21 O.S. 645


Count # 2.
Count as Filed: OBS, OBSTRUCTING AN OFFICER, in violation of 21 O.S. 540
Date of Offense: 05/24/2014

Party Name

Disposition Information

MCHENRY, RANDALL DOUGLAS
Disposed: CONVICTION, 12/05/2016. Guilty Plea
Count as Disposed: OBSTRUCTING AN OFFICER(OBS)
Violation of 21 O.S. 540, which provides:

"Any person who willfully delays or obstructs any public officer in the discharge or attempt to discharge any duty of his or her office, is guilty of a misdemeanor. Nothing in this section shall preclude a person from recording the activity of law enforcement in a public area, as long as the recording activity does not delay or obstruct the law enforcement agent in his or her duties."


Count # 3.
Count as Filed: VPO, VIOLATION OF PROTECTIVE ORDER, in violation of 22 O.S. 60.6
Date of Offense: 05/24/2014

Party Name

Disposition Information

MCHENRY, RANDALL DOUGLAS
Disposed: CONVICTION, 12/05/2016. Guilty Plea
Count as Disposed: VIOLATION OF PROTECTIVE ORDER(VPO)
Violation of 22 O.S. 60.6, which provides:

"

A. Except as otherwise provided by this section, any person who:

1. Has been served with an ex parte or final protective order or foreign protective order and is in violation of such protective order, upon conviction, shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by a term of imprisonment in the county jail of not more than one (1) year, or by both such fine and imprisonment; and

2. After a previous conviction of a violation of a protective order, is convicted of a second or subsequent offense pursuant to the provisions of this section shall, upon conviction, be guilty of a felony and shall be punished by a term of imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than three (3) years, or by a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.

B. 1. Any person who has been served with an ex parte or final protective order or foreign protective order who violates the protective order and causes physical injury or physical impairment to the plaintiff or to any other person named in said protective order shall, upon conviction, be guilty of a misdemeanor and shall be punished by a term of imprisonment in the county jail for not less than twenty (20) days nor more than one (1) year. In addition to the term of imprisonment, the person may be punished by a fine not to exceed Five Thousand Dollars ($5,000.00).

2. Any person who is convicted of a second or subsequent violation of a protective order which causes physical injury or physical impairment to a plaintiff or to any other person named in the protective order shall be guilty of a felony and shall be punished by a term of imprisonment in the custody of the Department of Corrections of not less than one (1) year nor more than five (5) years, or by a fine of not less than Three Thousand Dollars ($3,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.

3. In determining the term of imprisonment required by this section, the jury or sentencing judge shall consider the degree of physical injury or physical impairment to the victim.

4. The provisions of this subsection shall not affect the applicability of Sections 644, 645, 647 and 652 of Title 21 of the Oklahoma Statutes.

C. The minimum sentence of imprisonment issued pursuant to the provisions of paragraph 2 of subsection A and paragraph 1 of subsection B of this section shall not be subject to statutory provisions for suspended sentences, deferred sentences or probation, provided the court may subject any remaining penalty under the jurisdiction of the court to the statutory provisions for suspended sentences, deferred sentences or probation.

D. In addition to any other penalty specified by this section, the court shall require a defendant to undergo the treatment or participate in the counseling services necessary to bring about the cessation of domestic abuse against the victim or to bring about the cessation of stalking or harassment of the victim. For every conviction of violation of a protective order:

1. The court shall specifically order as a condition of a suspended sentence or probation that a defendant participate in counseling or undergo treatment to bring about the cessation of domestic abuse as specified in paragraph 2 of this subsection;

2. a. The court shall require the defendant to participate in counseling or undergo treatment for domestic abuse by an individual licensed practitioner or a domestic abuse treatment program certified by the Attorney General. If the defendant is ordered to participate in a domestic abuse counseling or treatment program, the order shall require the defendant to attend the program for a minimum of fifty-two (52) weeks, complete the program, and be evaluated before and after attendance of the program by a program counselor or a private counselor.

b. A program for anger management, couples counseling, or family and marital counseling shall not solely qualify for the counseling or treatment requirement for domestic abuse pursuant to this subsection. The counseling may be ordered in addition to counseling specifically for the treatment of domestic abuse or per evaluation as set forth below. If, after sufficient evaluation and attendance at required counseling sessions, the domestic violence treatment program or licensed professional determines that the defendant does not evaluate as a perpetrator of domestic violence or does evaluate as a perpetrator of domestic violence and should complete other programs of treatment simultaneously or prior to domestic violence treatment, including but not limited to programs related to the mental health, apparent substance or alcohol abuse or inability or refusal to manage anger, the defendant shall be ordered to complete the counseling as per the recommendations of the domestic violence treatment program or licensed professional;

3. a. The court shall set a review hearing no more than one hundred twenty (120) days after the defendant is ordered to participate in a domestic abuse counseling program or undergo treatment for domestic abuse to assure the attendance and compliance of the defendant with the provisions of this subsection and the domestic abuse counseling or treatment requirements.

b. The court shall set a second review hearing after the completion of the counseling or treatment to assure the attendance and compliance of the defendant with the provisions of this subsection and the domestic abuse counseling or treatment requirements. The court may suspend sentencing of the defendant until the defendant has presented proof to the court of enrollment in a program of treatment for domestic abuse by an individual licensed practitioner or a domestic abuse treatment program certified by the Attorney General and attendance at weekly sessions of such program. Such proof shall be presented to the court by the defendant no later than one hundred twenty (120) days after the defendant is ordered to such counseling or treatment. At such time, the court may complete sentencing, beginning the period of the sentence from the date that proof of enrollment is presented to the court, and schedule reviews as required by subparagraphs a and b of this paragraph and paragraphs 4 and 5 of this subsection. The court shall retain continuing jurisdiction over the defendant during the course of ordered counseling through the final review hearing;

4. The court may set subsequent or other review hearings as the court determines necessary to assure the defendant attends and fully complies with the provisions of this subsection and the domestic abuse counseling or treatment requirements;

5. At any review hearing, if the defendant is not satisfactorily attending individual counseling or a domestic abuse counseling or treatment program or is not in compliance with any domestic abuse counseling or treatment requirements, the court may order the defendant to further or continue counseling, treatment, or other necessary services. The court may revoke all or any part of a suspended sentence, deferred sentence, or probation pursuant to Section 991b of this title and subject the defendant to any or all remaining portions of the original sentence;

6. At the first review hearing, the court shall require the defendant to appear in court. Thereafter, for any subsequent review hearings, the court may accept a report on the progress of the defendant from individual counseling, domestic abuse counseling, or the treatment program. There shall be no requirement for the victim to attend review hearings; and

7. If funding is available, a referee may be appointed and assigned by the presiding judge of the district court to hear designated cases set for review under this subsection. Reasonable compensation for the referees shall be fixed by the presiding judge. The referee shall meet the requirements and perform all duties in the same manner and procedure as set forth in Sections 1-8-103 and 2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees appointed in juvenile proceedings.

E. Ex parte and final protective orders shall include notice of these penalties.

F. When a minor child violates the provisions of any protective order, the violation shall be heard in a juvenile proceeding and the court may order the child and the parent or parents of the child to participate in family counseling services necessary to bring about the cessation of domestic abuse against the victim and may order community service hours to be performed in lieu of any fine or imprisonment authorized by this section.

G. Any district court of this state and any judge thereof shall be immune from any liability or prosecution for issuing an order that requires a defendant to:

1. Attend a treatment program for domestic abusers certified by the Attorney General;

2. Attend counseling or treatment services ordered as part of any final protective order or for any violation of a protective order; and

3. Attend, complete, and be evaluated before and after attendance by a treatment program for domestic abusers certified by the Attorney General.

H. At no time, under any proceeding, may a person protected by a protective order be held to be in violation of that protective order. Only a defendant against whom a protective order has been issued may be held to have violated the order.

I. In addition to any other penalty specified by this section, the court may order a defendant to use an active, real-time, twenty-four-hour Global Positioning System (GPS) monitoring device as a condition of a sentence. The court may further order the defendant to pay costs and expenses related to the GPS device and monitoring.
"


Count # 4.
Count as Filed: ENTB, BREAKING AND ENTERING WITH UNLAWFUL INTENT, in violation of 21 O.S. 1438
Date of Offense: 05/24/2014

Party Name

Disposition Information

MCHENRY, RANDALL DOUGLAS
Disposed: CONVICTION, 12/05/2016. Guilty Plea
Count as Disposed: BREAKING AND ENTERING WITH UNLAWFUL INTENT(ENTB)
Violation of 21 O.S. 1438, which provides:

"A. Every person who, under circumstances not amounting to any burglary, enters any building or part of any building, booth, tent, warehouse, railroad car, vessel, or other structure or erection with intent to commit any felony, larceny, or malicious mischief, is guilty of a misdemeanor.

B. Every person who, without the intention to commit any crime therein, shall willfully and intentionally break and enter into any building, trailer, vessel or other premises used as a dwelling without the permission of the owner or occupant thereof, except in the cases and manner allowed by law, shall be guilty of a misdemeanor. "


Count # 5.
Count as Filed: MALINJ, MALICIOUS INJURY TO PROPERTY, in violation of 21 O.S. 1760
Date of Offense: 05/24/2014

Party Name

Disposition Information

MCHENRY, RANDALL DOUGLAS
Disposed: CONVICTION, 12/05/2016. Guilty Plea
Count as Disposed: MALICIOUS INJURY TO PROPERTY (MALINJ)
Violation of 21 O.S. 1760, which provides:

"A. Every person who maliciously injures, defaces or destroys any real or personal property not his or her own, in cases other than such as are specified in Section 1761 et seq. of this title, is guilty of:

1. A misdemeanor, if the damage, defacement or destruction causes a loss which has an aggregate value of less than One Thousand Dollars ($1,000.00);

2. A felony, if the damage, defacement or destruction causes a loss which has an aggregate value of One Thousand Dollars ($1,000.00) or more; or

3. A felony, if the defendant has two or more prior convictions for an offense under this section, notwithstanding the value of loss caused by the damage, defacement or destruction.

B. In addition to any other punishment prescribed by law for violations of subsection A of this section, he or she is liable in treble damages for the injury done, to be recovered in a civil action by the owner of such property or public officer having charge thereof."

Outcome: 12-05-2016 

CONVICTED
JUDGE NIGHTINGALE: DEFENDANT PRESENT, IN CUSTODY, REPRESENTED BY STEPHANIE SINGER. STATE REPRESENTED BY SEAN WATERS. DEFENDANT CONFESSES THE STATE'S MOTION TO TERMINATE. CASE CALLED FOR SENTENCING.

COUNT 1: DEFENDANT IS FOUND GUILTY AND SENTENCED TO THREE YEARS IN THE DEPARTMENT OF CORRECTIONS, WITH THE FIRST YEAR TO BE SERVED IN CUSTODY AND THE LAST TWO YEARS TO BE SUSPENDED. THE DEFENDANT IS NOT TO BE UNDER ANY FORMAL SUPERVISION. COUNT ONE IS TO RUN CONCURRENT WITH COUNTS TWO, THREE, FOUR, FIVE, AND CM-2014-5453. THE DEFENDANT IS ASSESSED AS $100 FINE, $75 VCA, $75 COURT FUND, PLUS COSTS.

COUNT 2: DEFENDANT IS FOUND GUILTY AND SENTENCED TO ONE YEAR IN THE TULSA COUNTY JAIL, RECEIVING CREDIT FOR TIME SERVED, AND RUNNING CONCURRENT WITH COUNTS ONE, THREE, FOUR, FIVE, AND CM-2014-5453. THE DEFENDANT IS ASSESSED A $100 FINE, $75 VCA, PLUS COSTS.

COUNT 3: DEFENDANT IS FOUND GUILTY AND SENTENCED TO ONE YEAR IN THE TULSA COUNTY JAIL, RECEIVING CREDIT FOR TIME SERVED, AND RUNNING CONCURRENT WITH COUNTS ONE, TWO, FOUR, FIVE, AND CM-2014-5453. THE DEFENDANT IS ASSESSED A $100 FINE, $75 VCA, PLUS COSTS.

COUNT 4: DEFENDANT IS FOUND GUILTY AND SENTENCED TO ONE YEAR IN THE TULSA COUNTY JAIL, RECEIVING CREDIT FOR TIME SERVED, AND RUNNING CONCURRENT WITH COUNTS ONE, TWO, THREE, FIVE, AND CM-2014-5453. THE DEFENDANT IS ASSESSED A $100 FINE, $75 VCA, PLUS COSTS.

COUNT 5: DEFENDANT IS FOUND GUILTY AND SENTENCED TO ONE YEAR IN THE TULSA COUNTY JAIL, RECEIVING CREDIT FOR TIME SERVED, AND RUNNING CONCURRENT WITH COUNTS ONE, TWO, THREE, FOUR, AND CM-2014-5453. THE DEFENDANT IS ASSESSED A $100 FINE, $75 VCA, PLUS COSTS.

DEFENDANT EXECUTES RULE 8 FORM. DEFENDANT ADVISED OF APPEAL RIGHTS. JUDGMENT AND SENTENCE ISSUED. COMMITMENT ISSUED TO JAIL. BOND EXONERATED.
  

Plaintiff's Experts:

Defendant's Experts:

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