Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Case Style: State of Oklahoma v. Gregory Antwon O'Neal
Case Number: CF-2011-870
Judge: James Caputo
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Sarah McAmis and Ben Fu
Description: The State of Oklahoma charged Gregory Antwon O'Neal with child abuse murder in violation of 21 O.S. 701.7 as a result of the death of two-month-old Tiana O'Neal on May 18, 2007. The State claimed that the child suffered multiple injuries including a skull fracture and subdrual hemorrhages and shaking injuries during her short life.
Section 21 O.S. 701.7 provides:
A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.
B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance.
1. Except as provided in paragraph 3 of this subsection, the term "synthetic controlled substance" means a substance:
a. the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II,
b. which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II, or
c. with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II.
2. The designation of gamma butyrolactone does not preclude a finding pursuant to paragraph 1 of this subsection that the chemical is a synthetic controlled substance.
3. Such term does not include:
a. a controlled substance,
b. any substance for which there is an approved new drug application,
c. with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to the extent conduct with respect to such substance is pursuant to such exemption, or
d. any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.
C. A person commits murder in the first degree when the death of a child results from the willful or malicious injuring, torturing, maiming or using of unreasonable force by said person or who shall willfully cause, procure or permit any of said acts to be done upon the child pursuant to Section 843.5 of this title. It is sufficient for the crime of murder in the first degree that the person either willfully tortured or used unreasonable force upon the child or maliciously injured or maimed the child.
D. A person commits murder in the first degree when that person unlawfully and with malice aforethought solicits another person or persons to cause the death of a human being in furtherance of unlawfully manufacturing, distributing or dispensing controlled dangerous substances, as defined in the Uniform Controlled Dangerous Substances Act, unlawfully possessing with intent to distribute or dispense controlled dangerous substances, or trafficking in illegal drugs.
E. A person commits murder in the first degree when that person intentionally causes the death of a law enforcement officer, correctional officer, or corrections employee while the officer or employee is in the performance of official duties.
Outcome: O'Neal was found guilty with a recommendation by the jury that he be sentenced to life in prison with the possibility of parole and was fined $10,000.