Date: 08-12-2019

Case Style:

Case Number: CF-2001-1098

Judge: Rebecca Brett Nightingale

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Erik Grayless

Defendant's Attorney: Mark Cagle

Description:

Outcome: Count # 1. Count as Filed: HM11, MURDER IN THE FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 02/18/2001
Party Name Disposition Information
PETHAL, JOEL SHANE Disposed: CONVICTION, 02/11/2003. Guilty Plea
Count as Disposed: MURDER IN THE FIRST DEGREE(HM11)
Violation of 21 O.S. 701.7
BROWNING, MICHAEL ALLEN Disposed: CONVICTION, 03/28/2003. Jury Trial
Count as Disposed: MURDER IN THE FIRST DEGREE **VACATED ON 5-6-2013 DECISION FROM 10TH CIRCUIT COURT OF APPEALS***(HM11)
Violation of 21 O.S. 701.7
BROWNING, MICHAEL ALLEN Disposed: CONVICTION, 08/12/2019. Nolo Contendere Plea
Count as Disposed: MURDER - SECOND DEGREE(HM12)
Violation of 21 O.S. 701.8
Count # 2. Count as Filed: HM11, MURDER IN THE FIRST DEGREE, in violation of 21 O.S. 652
Date of Offense: 02/18/2001
Party Name Disposition Information
BROWNING, MICHAEL ALLEN Disposed: CONVICTION, 08/12/2019. Nolo Contendere Plea
Count as Disposed: MURDER - SECOND DEGREE(HM12)
Violation of 21 O.S. 701.8
PETHAL, JOEL SHANE Disposed: CONVICTION, 02/11/2003. Guilty Plea
Count as Disposed: MURDER IN THE FIRST DEGREE (HM11)
Violation of 21 O.S. 652
BROWNING, MICHAEL ALLEN Disposed: CONVICTION, 03/28/2003. Jury Trial
Count as Disposed: MURDER IN THE FIRST DEGREE *** VACATED ON 5-6-2013 DECISION FROM 10TH CIRCUIT COURT OF APPEALS***(HM11)
Violation of 21 O.S. 652
Count # 3. Count as Filed: SWIK, SHOOTING WITH INTENT TO KILL, in violation of 21 O.S. 652
Date of Offense: 02/18/2001
Party Name Disposition Information
PETHAL, JOEL SHANE Disposed: CONVICTION, 02/11/2003. Guilty Plea
Count as Disposed: SHOOTING WITH INTENT TO KILL(SWIK)
Violation of 21 O.S. 652
BROWNING, MICHAEL ALLEN Disposed: CONVICTION, 03/28/2003. Jury Trial
Count as Disposed: SHOOTING WITH INTENT TO KILL*** VACATED ON 5-6-2013 ON DECISION FROM 10TH CIRCUIT COURT OF APPEALS**(SWIK)
Violation of 21 O.S. 652
BROWNING, MICHAEL ALLEN Disposed: CONVICTION, 08/12/2019. Nolo Contendere Plea
Count as Disposed: SHOOTING WITH INTENT TO KILL(SWIK)
Violation of 21 O.S. 652
Count # 4. Count as Filed: ARS, ARSON, FIRST DEGREE, in violation of 21 O.S. 1401-1404
Date of Offense: 02/18/2001
Party Name Disposition Information
PETHAL, JOEL SHANE Disposed: CONVICTION, 02/11/2003. Guilty Plea
Count as Disposed: ARSON, FIRST DEGREE(ARS)
Violation of 21 O.S. 1401-1404
BROWNING, MICHAEL ALLEN Disposed: DISMISSED, 04/26/2006. Other
Count as Disposed: ARSON, FIRST DEGREE(ARS)
Violation of 21 O.S. 1401-1404
Count # 5. Count as Filed: RBDW, ROBBERY WITH FIREARM (S), in violation of 21 O.S. 801
Date of Offense: 02/18/2001
Party Name Disposition Information
BROWNING, MICHAEL ALLEN Disposed: DISMISSED, 04/26/2006. Other
Count as Disposed: ROBBERY WITH FIREARM (S)(RBDW)
Violation of 21 O.S. 801
PETHAL, JOEL SHANE Disposed: CONVICTION, 02/11/2003. Guilty Plea
Count as Disposed: ROBBERY WITH FIREARM (S)(RBDW)
Violation of 21 O.S. 801
Count # 6. Count as Filed: RBDW, ROBBERY WITH FIREARM (S), in violation of 21 O.S. 801
Date of Offense: 02/18/2001
Party Name Disposition Information
BROWNING, MICHAEL ALLEN Disposed: DISMISSED, 02/06/2003. Dismissed by Court
Count as Disposed: ROBBERY WITH FIREARM (S)(RBDW)
Violation of 21 O.S. 801
PETHAL, JOEL SHANE Disposed: DISMISSED, 02/11/2003. Dismissed- Request of the State
Count as Disposed: ROBBERY WITH FIREARM (S)(RBDW)
Violation of 21 O.S. 801
Count # 7. Count as Filed: RBDW, ROBBERY WITH FIREARM (S), in violation of 21 O.S. 801
Date of Offense: 02/18/2001
Party Name Disposition Information
PETHAL, JOEL SHANE Disposed: DISMISSED, 02/11/2003. Dismissed- Request of the State
Count as Disposed: ROBBERY WITH FIREARM (S)(RBDW)
Violation of 21 O.S. 801
BROWNING, MICHAEL ALLEN Disposed: DISMISSED, 02/06/2003. Dismissed by Court
Count as Disposed: ROBBERY WITH FIREARM (S)(RBDW)
Violation of 21 O.S. 801

08-12-2019 CTFREE

JUDGE REBECCA NIGHTINGALE: DEFENDANT PRESENT, IN CUSTODY, REPRESENTED BY MARK CAGLE. STATE REPRESENTED BY ERIK GRAYLESS. COURT REPORTER: KEMA HICKS. DEFENDANT WAIVES JURY/NON JURY TRIAL, ENTERS A PLEA OF NOLO CONTENDERE. DEFENDANT SENTENCED AS FOLLOWS:
COUNT 1: AMENDED TO MURDER IN THE SECOND DEGREE. DEFENDANT SENTENCED TO TWENTY-FIVE (25) YEARS IN THE DEPARTMENT OF CORRECTIONS WITH CREDIT FOR TIME SERVED SINCE 2-18-2001. DEFENDANT ASSESSED FINE IN THE AMOUNT OF $600.00, VICTIM'S COMPENSATION IN THE AMOUNT OF $150.00, PLUS COSTS.
COUNT 2: AMENDED TO MURDER IN THE SECOND DEGREE. DEFENDANT SENTENCED TO TWENTY-FIVE (25) YEARS IN THE DEPARTMENT OF CORRECTIONS WITH CREDIT FOR TIME SERVED SINCE 2-18-2001. DEFENDANT ASSESSED FINE IN THE AMOUNT OF $600.00, VICTIM'S COMPENSATION IN THE AMOUNT OF $150.00, PLUS COSTS.
COUNT 3: DEFENDANT SENTENCED TO TWENTY-FIVE (25) YEARS IN THE DEPARTMENT OF CORRECTIONS WITH CREDIT FOR TIME SERVED SINCE 2-18-2001. DEFENDANT ASSESSED FINE IN THE AMOUNT OF $600.00, VICTIM'S COMPENSATION IN THE AMOUNT OF $150.00, PLUS COSTS.
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) TO TWELVE (12) MONTHS.
ALL COUNTS TO RUN CONCURRENTLY WITH EACH OTHER.
DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 AND J&S ISSUED. COMMITMENT FOR PUNISHMENT ISSUED. BOND EXONERATED.
BROWNING, MICHAEL ALLEN

Plaintiff's Experts:

Defendant's Experts:

Comments: