Date: 09-06-2016

Case Style:

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 for David Ruble, II

M.J. Denman for Travis Murphy Lozado

John Echls for Demonte Wayne Rushing

Description: Tulsa, OK - Tulsan Gets Life Plus Ten for Killing 14-Year-old Girl

The State of Oklahoma charged David Roble, II, Travis Murphy Lozado and Demonte Wayne Rushing with
first-degree felony murder, attempted robbery with a firearm and conspiracy as a result of the shooting death of 14-year-old April Montano, who was shot to death while riding in an extended-cab pickup driven by her father on the Gilcrase Expressway on May 29, 2014.

§ 701.7 . Murder in the First Degree
Cite as: O.S. §, __ __

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.


§ 801 . Robbery or Attempted Robbery with Dangerous Weapon or Imitation Firearm - Punishment
Cite as: O.S. §, __ __

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.

§ 421 . Conspiracy - Definition - Punishment
Cite as: O.S. §, __ __

A. If two or more persons conspire, either:

1. To commit any crime; or

2. Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime; or

3. Falsely to move or maintain any suit, action or proceeding; or

4. To cheat and defraud any person of any property by any means which are in themselves criminal, or by any means which, if executed, would amount to a cheat or to obtaining money or property by false pretenses; or,

5. To commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice or the due administration of the laws, they are guilty of a conspiracy.

B. Except in cases where a different punishment is prescribed by law the punishment for conspiracy shall be a misdemeanor unless the conspiracy is to commit a felony.

C. Conspiracy to commit a felony shall be a felony and is punishable by payment of a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary for a period not exceeding ten (10) years, or by both such fine and imprisonment.

Outcome:

JUDGE WILLIAM D. LAFORTUNE: DEFENDANT PRESENT, IN CUSTODY, REPRESENTED BY MICHAEL MANNING. STATE REPRESENTED BY BEN FU AND BECKY JOHNSON. COURT REPORTER IS JANA HARRINGTON. CASE CALLED FOR SENTENCING AFTER JURY TRIAL. COURT FINDS DEFENDANT GUILTY.
COUNT 1: DEFENDANT SENTENCED TO LIFE IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, WITH CREDIT FOR ALL TIME SERVED, DEFENDANT ASSESSED A $150.00 VICTIM'S COMPENSATION ASSESSMENT, PLUS COST.
COUNT 2: DISMISSED WITH OUT PREJIDUCE.
COUNT 3: DEFENDANT SENTENCED TO TEN (10) YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, WITH CREDIT FOR ALL TIME SERVED, DEFENDANT ASSESSED A $150.00 VICTIM'S COMPENSATION ASSESSMENT, PLUS COST.
COUNTS 1 AND 3 TO RUN CS
UPON RELEASE FROM SUCH CONFINEMENT, THE DEFENDANT SHALL SERVE A TERM OF POST-IMPRISONMENT SUPERVISION, UNDER CONDITIONS PRESCRIBED BY THE DEPARTMENT OF CORRECTIONS, FOR A PERIOD OF NINE (9) MONTHS NO LESS THAN (1) YEAR.
DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 AND J&S ISSUED. BOND EXONERATED. COMMITMENT FOR PUNISHMENT ISSUED TO JAIL.

Plaintiff's Experts:

Defendant's Experts:

Comments: