Case Style: State of Oklahoma v. Destin Ray Rodriguez
Case Number: CF-2012-1031
Judge: William Musseman
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Julie Doss
Defendant's Attorney: Mark Joseph Cagle and Stephen Lee
Description: The State of Oklahoma charnged Destin Ray Rodriguez with second-degree felony murder in violation of 21 O.S. 701.8 anlarceny of an automobile in violation of 21 O.S. 1720 in conjunction with the death of Avonna Olson, who was killed on Marcy 9, 2012 when she was run over while attempted the prevent the theft of her car outside her home. The car was being stolen by Brandon James Dalton Maxwell, who was found guilty of second-degree felony murder and larceny of an automobile and sentenced to 35-years in prison. Maxwell was also found guilty of leavingt the scene of a fatal accident and stealing Olson's van.
The State maintained that Rodriguez knew that Maxwell was looking for vehicle to steal and that he was an accomplice of Maxwell's in the theft of the van.
Defendant's attorneys claimed that was just a "kid" who was in the wrong place at the wrong time.
Title 21 O.S. 701.8 provides:
Homicide is murder in the second degree in the following cases:
1. When perpetrated by an act imminently 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; or
2. When perpetrated by a person engaged in the commission of any felony other than the unlawful acts set out in Section 1, subsection B, of this act.
Title 21 O.S. 1720 provides:
Any person in this state who shall steal an aircraft, automobile or other automotive driven vehicle, construction equipment or farm equipment, shall be guilty of a felony, and upon conviction shall be punished by confinement in the State Penitentiary for a term of not less than three (3) years, nor more than twenty (20) years or by a fine in an amount that is equal to three times the value of the property that was stolen but not more than Five Hundred Thousand Dollars ($500,000.00) or by both such fine and imprisonment and shall be ordered to pay restitution pursuant to Section 991f of Title 22 of the Oklahoma Statutes.
Outcome: Not guilty.