Date: 05-28-2016

Case Style: State of Oklahoma v. David Ruble II

Case Number: CF-2014-2691

Judge: William LaFortune

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Ben Fu and Becky Johnson

Defendant's Attorney: Mike Manning

Description: Tulsa, OK - Defendant Get Two Life Sentences for Highway Robbery Murder

Tulsa criminal defense lawyer Mike Manning represented David Ruble II who was charted by the State of Oklahoma with first-degree felony murder in violation of 21 O.S. 701.7, attempted robbery with a firearm in violation of 21 O.S. 801 and conspiracy in violation of 21 O.S. 421 as a result of an attempted robbery on a Tulsa expressway in 2014 that resulted in the death of a 14-year-old girl.

The information filed by the State alleged:


(COUNT 1)
21 o.s. 701.7
DAVID RUBLE II AND DEMONTE WAYNE RUSHING, on or about 5/29/2014, 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, during the commission of a conjoint Attempted Robbery With a Firearm, without authority of law, did effect the death of 14 year old April Mootano in the following manner, to-wit David Ruble II and Demonte Wayne Rushing fired a gun into a moving vehicle on the highway during an attempted robbery, then and there and thereby inflicting certain mortal wounds in the body of said 14 year old April Montano, from which mortal wounds the same April Montano did languish and die on the 29'h day of May, 2014,

(COUNT 2)
21 o.s. 801
DAVID RUBLE II AND DEMONTE WAYNE RUSHING, on or about 5/29/2014, 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 roh one, Eduardo Meza-Ramirez, and to take and carry away certain personal property of value belonging to Eduardo Meza-Ramirez and in the possession of said Eduardo Meza-Ramirez and in Eduardo Meza-Ramirez immediate presence, without his consent and against his will, by then and there
com mitting an assault on the said Eduardo Meza-Ramirez with a firearm to-wit fired shots at his moving vehicle in an attempt to rob him of his personal property, but failed in the accomplishment of said robbery,

Title 21 O.S. 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. 801 provide:

Any person or persons who, with the use of any firearms or any other dangerous weapons, whether the firearm is loaded or not, or who uses a blank or imitation firearm capable of raising in the mind of the one threatened with such device a fear that it is a real firearm, attempts to rob or robs any person or persons, or who robs or attempts to rob any place of business, residence or banking institution or any other place inhabited or attended by any person or persons at any time, either day or night, shall be guilty of a felony and, upon conviction therefor, shall suffer punishment by imprisonment for life in the State Penitentiary, or for a period of time not less than five (5) years, at the discretion of the court, or the jury trying the same.

Upon conviction therefor, any person guilty of three separate and distinct felonies, in violation of this section shall suffer punishment by imprisonment for life in the State Penitentiary, or for a period of time of not less than ten (10) years, and it is mandatory upon the court to impose no less than the minimum sentence of ten (10) years. The sentence imposed upon such person shall not be reduced to less than ten (10) calendar years, nor suspended, nor shall any person be eligible for probation or parole or receive any deduction from his sentence for good conduct until he shall have served ten (10) calendar years of such sentence.

Outcome: Defendant was found guilty with a recommendation by the jury that he be sentenced to two life sentence terms in the Oklahoma state penitentiary system.

Plaintiff's Experts:

Defendant's Experts:

Comments: