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Date: 06-12-2023
Case Style:
Case Number: 23-CR-026
Judge: John F. Heil, III
Court: United States District Court for the Northern District of Oklahoma (Tulsa County)
Plaintiff's Attorney: United States Attorney’s Office in Tulsa
Defendant's Attorney:
Description: Tulsa, Oklahoma criminal defense lawyer represented Defendant charged with involuntary manslaughter.
Defendant is charged with one count of involuntary manslaughter in Indian country. The indictment alleges:
On or about July 23, 2022, within the Eastern District of Oklahoma, in Indian Country, the defendant, DANNY GENE KIRBY, an Indian, did unlawfully kill S.B., in the commission of an unlawful act not amounting to a felony, that is operating a motor vehicle under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle, contrary to Title 47, Oklahoma Statutes, Section 11-902, and in the commission in an unlawful manner and without due caution and circumspection of a lawful act which might produce death, in violation of Title 18, United States Code, Sections 1112, 1141, and 1153.
Defendant filed several motions in March 2023: two motions to suppress, two motions to dismiss, a motion in limine, and a motion to exclude expert testimony. Dkt. No. 29; Dkt. No. 34; Dkt. No. 30; Dkt. No. 31; Dkt. No. 33; Dkt. No. 32. One motion to suppress was later withdrawn. Dkt. No. 51; Dkt. No. 52. The Court referred this group of motions to United States Magistrate Judge Jason A. Robertson, who held a hearing on them on April 24, 2023. Dkt. No. 54. Magistrate Judge Robertson issued Findings and Recommendations (“R&Rs”) regarding these motions. Dkt. No. 60; Dkt. No. 61; Dkt. No. 62. Three additional motions were filed in the case in May 2023. The Government filed a motion in limine [Dkt. No. 57] and a motion to exclude expert testimony [Dkt. No. 59]. Defendant filed an unopposed motion in limine. Dkt. No. 58. The Court retained this second set of motions.
The Court adopts Magistrate Judge Robertson's recitation of underlying facts and incorporates them here for ease of reference:
On July 23, 2022, Defendant, an Indian, was driving a motorcycle on which S.B., also an Indian, was a passenger while leaving Fountainhead Marina bar in McIntosh County, Oklahoma. While attempting to make a turn, Defendant drove off of the roadway. He attempted to re-enter the roadway, lost control of the motorcycle, and caused S.B. to be thrown from the motorcycle where she impacted with the pavement. S.B. died from her injuries.
Both Defendant and S.B. were found to have intoxicants in their systems following the crash. Defendant informed an Oklahoma Highway Patrol trooper at the scene that he had been drinking. He was later transported to the hospital, where his blood was drawn. Toxicology results indicated the presence of ethyl alcohol, hydroxy-THC, THCA, THC, amphetamines, tramadol, citalopram, trazodone, and oxycodone in Defendant's system. Medical personnel conducted toxicology tests on S.B. as well, both at the hospital directly after the crash and as part of her postmortem examination. Results showed ethyl alcohol, amphetamines, benzodiazepines, and cannabinoids in S.B.'s system.
Outcome: Motion to dismiss denied.
Plaintiff's Experts:
Defendant's Experts:
Comments: