Date: 11-07-2016

Case Style:

Case Number: CF-2015-72

Judge: J. Dwayne Steidley

Court: District Court, Rogers County, Oklahoma

Plaintiff's Attorney:

Amy Evans

Defendant's Attorney:

Zach Young

Drew Meloy

Description: Claremore, OK - Defendant Sentenced To Four Years In Prison For Making Bomb Threat

The State of Oklahoma charged Robert Dwayne Perry, Jr. with making a telephone bomb threat in violation of 21 O.S. 1767.1 (A)(1) which provides:

A. Any person who shall willfully or maliciously commit any of the following acts shall be deemed guilty of a felony:

1. Place in, upon, under, against or near to any building, car, truck, aircraft, motor or other vehicle, vessel, railroad, railway car, or locomotive or structure, any explosive or incendiary device with unlawful intent to destroy, throw down, or injure, in whole or in part, such property, or conspire, aid, counsel or procure the destruction of any building, public or private, or any car, truck, aircraft, motor or other vehicle, vessel, railroad, railway car, or locomotive or structure; or

2. Place in, upon, under, against or near to any building, car, truck, aircraft, motor or other vehicle, vessel, railroad, railway car, or locomotive or structure, any explosive or incendiary device with intent to destroy, throw down, or injure in whole or in part, under circumstances that, if such intent were accomplished, human life or safety would be endangered thereby; or

3. By the explosion of any explosive or the igniting of any incendiary device destroy, throw down, or injure any property of another person, or cause injury to another person; or

4. Manufacture, sell, transport, or possess any explosive, the component parts of an explosive, an incendiary device, or simulated bomb with knowledge or intent that it or they will be used to unlawfully kill, injure or intimidate any person, or unlawfully damage any real or personal property; or

5. Place in, upon, under, against or near to any building, car, truck, aircraft, motor or other vehicle, vessel, railroad, railway car, or locomotive or structure, any foul, poisonous, offensive or injurious substance or compound, explosive, incendiary device, or simulated bomb with intent to wrongfully injure, molest or coerce another person or to injure or damage the property of another person; or

6. Injure, damage or attempt to damage by an explosive or incendiary device any person, persons, or property, whether real or personal; or

7. Make any threat or convey information known to be false, concerning an attempt or alleged attempt to kill, injure or intimidate any person or unlawfully damage any real or personal property by means of an explosive, incendiary device, or simulated bomb; or

8. Manufacture, sell, deliver, mail or send an explosive, incendiary device, or simulated bomb to another person; or

9. While committing or attempting to commit any felony, possess, display, or threaten to use any explosive, incendiary device, or simulated bomb.

B. Nothing contained herein shall be construed to apply to, or repeal any laws pertaining to, the acts of mischief of juveniles involving no injurious firecrackers or devices commonly called "stink bombs".

Outcome: (MIN OF 11-3-2016) STEIDLEY; ST BY EVANS; DFT PRESENT WITH ATTY YOUNG; CRT REPORTED BY BEAVERS; COMES ON FOR PLEA; DFT SWORN; DFT ADVISED OF RIGHTS; DFT MAKES KNOWING AND VOLUNTARY WAIVER OF RIGHTS; DFT EPNC AS TO COUNT 1; STATE MOVES TO STRIKE 2ND PAGE;

AS TO COUNT 1, DFT TO RECEIVE 4 YRS DOC; PAY $500 FINE, $250 VCA, $400 INCARCERATION FEE, $250 OIDS FEE, AND COURT COSTS;

DFT GIVEN CREDIT FOR TIME SERVED; ALL TIME TO RUN CONCURRENT WITH MUSKOGEE COUNTY CASE CF-2006-195; DFT ORDERED TO SEE COST ADMINISTRATOR UPON RELEASE; DFT ADVISED OF RIGHT OF APPEAL; DFT REMANDED TO CUSTODY OF RCS AND REQUESTS IMMEDIATE TRANSPORT; DFT STRICKEN FROM JURY TRIAL DOCKET ON 11-7-2016 AT 9:30 AM

Plaintiff's Experts:

Defendant's Experts:

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