Date: 05-17-2016

Case Style: State of Oklahoma v. Henry Lee Harris

Case Number: CF-2014-4112

Judge: James Caputo

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Erik Grayless

Defendant's Attorney: Brian Martin

Description: Tulsa, OK - Shooter Who Killed Motorist In Car Jacking Gets 25 Years

The State of Oklahoma charged Henry Lee Harris, age 24, with:

Count # 1. Count as Filed: HM12, FELONY MURDER - SECOND DEGREE, in violation of 21 O.S. 701.8 (2)
Date of Offense: 08/19/2014

Count # 2. Count as Filed: LA5, ATTEMPTED LARCENY OF AUTOMOBILE, in violation of 21 O.S. 1720
Date of Offense: 08/19/2014

Count # 3. Count as Filed: OWPN, POSSESSION OF A FIREARM AFCF, in violation of 21 O.S. 1283
Date of Offense: 08/19/2014


The information filed by the State stated:

(COUNT 1)
21 O.S. 701.8(B)

HENRY LEE HARRIS, on or about 8/19/2014, 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 during the commission of Discharging A Firearm Into A Dwelling, without authority of law, effect the death of Armando Hernandez, by then and there shooting him with a 9mm pistol and thereby inflicting certain mortal wounds in the body of said Armando
Hernandez from which mortal wounds the same Armando Hernandez did languish and die on the 19n, day of August, 2014.

OR IN THE ALTERNATIVE:

21 o.s. 701.8(2)
HENRY LEE HARRIS, on or about 8/19/2014, in Tulsa County, State of Oklahoma and within the
jurisdiction of this Court, did commit the crime of FELONY MURDER IN THE SECOND DEGREE, a Felony, by unlawfully, feloniously, and willfully, while acting in concert with four other known co­ defendants and while during the commission of Attempted Larceny of Automobile, without authority of law, effect the death of Armando Hernandez by shooting him with a 9mm pistol, causing mortal wounds
in the body of said Armando Hernandez and from said wounds the said Armando Hernandez did languish and die,

21 o.s. 701.8(1)
HENRY LEE HARRIS, on or about 8/19/2014, in Tulsa County, State of Oklahoma and within the
jurisdiction of this Court, did commit the crime of MURDER IN THE SECOND DEGREE, a Felony, by unlawfully, feloniously, and willfully, without authority of law, effect the death of Armando Hernandez by shooting Armando Hernandez with a 9mm pistol, wh ile acting imminently dangerous, causing mortal wounds in the body of said Armando Hernandez by shooting into an occupied dwelling and from said wounds the said Armando Hernandez did languish and die, said act of Henry Lee Harris being immanently dangerous to another person and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual,

(COUNT 2)
21 O.S.1720
HENRY LEE HARRIS, on or about 8/19/2014, in Tulsa County, State of Oklahoma and within the jurisdiction of this Court, did commit the crime of ATTEMPTED LARCENY OF AUTOMOBILE, a Felony, by unlawfully, feloniously, willfully and stealthily attempt to take, steal, and carry away, without the consent of Armando Hernandez, the owner thereof, a certain Honda Accord automobile, License Number OK 626GCW with the unlawful and felonious intent then and there on the part of said defendant to convert the same to his own use and benefit and to attempt to deprive the owner thereof permanently, but did then and there fail in the perpetration thereof,

(COUNT 3)
21 O.S. 1283
HENRY LEE HARRIS, on or about 8/19/2014, in Tulsa County, State of Oklahoma and within the jurisdiction of this Court, did commit the crime of POSSESSION OF A FIREARM AFCF, a Felony, by unlawfully, feloniously, and willfully, possess or had in his control, or on his person a certain gun, to-wit: a 9mm pistol,

THE STATE FURTHER ALLEGES:

That the said Henry Lee Harris was heretofore on 1/8/2014, in Tulsa County, Oklahoma, Case No. CF- 2012-3137, convicted of a Felony, to-wit: the crime of ROBBERY SECOND DEGREE and sentenced to a term of 5 years 6 months. Said crime being an offense punishable under the laws of this state by imprisonment in the penitentiary. Said defendant being represented by counsel at the time, and said conviction being a final judgment in the case.


Contrary to the form of the statutes in such cases made and provided, and against the peace and dignity of the State.

Outcome: JUDGE JAMES CAPUTO: DEFENDANT PRESENT IN CUSTODY, REPRESENTED BY BRIAN MARTIN. STATE REPRESENTED BY ERIK GRAYLESS. COURT REPORTER: TINA ROSE. PRE-SENTENCE REPORT RECEIVED COPIES FURNISHED. DEFENDANT HAVING PREVIOUSLY ENTERED PLEA OF GUILTY WITHOUT THE BENEFIT OF A PLEA RECOMMENDATION. COURT ACCEPTS SAID PLEA AND FINDS DEFENDANT GUILTY. DEFENDANT SENTENCED ON COUNT 1 TO FORTY (40) YEARS IN DEPARTMENT OF CORRECTIONS WITH TWENTY-FIVE (25) YEARS IN CUSTODY AND FIFTEEN (15) YEARS SUSPENDED TO RUN CONCURRENT WITH CF-2012-3137 FINED $500.00/COSTS, $250.00 VICTIM COMPENSATION ASSESSMENT, $250.00 FOR PRE-SENTENCE REPORT. COUNT 2 TEN (10) YEARS DEPARTMENT OF CORRECTIONS TO RUN CONCURRENT WITH COUNT 1 & CF-2012-3137 FINED $500.00/COSTS, $250.00 VICTIM COMPENSATION ASSESSMENT. COUNT 3 TEN (10) YEARS DEPARTMENT OF CORRECTIONS TO RUN CONCURRENT WITH COUNTS 1&2 & CF-2012-3137 FINED $500.00/COSTS, $250.00 VICTIM COMPENSATION ASSESSMENT. DEFENDANT ADVISED OF APPEAL RIGHTS, COMMITMENT FOR PUNISHMENT ISSUED. JUDGMENT AND SENTENCE ISSUED. RULE 8 HEARING SIGNED. DEFENDANT TO REPORT TO COSTS ADMINISTRATION WITHING TWO (2) WEEKS OF RELEASE TO MAKE ARRANGEMENTS TO PAY FINES AND COSTS. DEFENDANT SIGNED RULES AND CONDITIONS TO BE SUPERVISED BY PROBATION & PAROLE. DEFENDANT TO RECEIVE CREDIT FOR TIME SERVED. DEFENDANT REQUEST IMMEDIATE TRANSPORTATION.

Plaintiff's Experts:

Defendant's Experts:

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