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Date: 03-11-2019
Case Style:
State of Oklahoma v. D'Angelo Burgess
Case Number: CF-2017-1084
Judge: Jeff Virgin
Court: District Court, Cleveland County, Oklahoma
Plaintiff's Attorney: Cleveland County DA's Office
Defendant's Attorney: James B. Radford - FPD
Description:
Norman, OK - The State of Oklahoma charged D'Angelo Burgess with:
Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 07/14/2017
Party Name Disposition Information
Burgess, D'angelo Ladon
Count # 2. Count as Filed: FE1A, ATTEMPT TO ELUDE OFFICER (ENDANGER PERSON), in violation of 21 O.S. 540A (B)
Date of Offense: 07/14/2017
Party Name Disposition Information
Burgess, D'angelo Ladon
Count # 3. Count as Filed: DU9, MARIJUANA *MISDEMEANOR* (NOT USING MV), in violation of 63 O.S. 2-401-2-420
Date of Offense: 07/14/2017
Party Name Disposition Information
Burgess, D'angelo Ladon
Count # 4. Count as Filed: DR3, POSSESSION OR SELLING OF PARAPHERNALIA WHILE NOT USING A MOTOR VEHICLE, in violation of 63 O.S. 2-405 (B)(C)
Date of Offense: 07/14/2017
Party Name Disposition Information
Burgess, D'angelo Ladon
D'Angelo Burgess was being chased at high speed by the Oklahoma Highway Patrol which set up a road block. Lt. Heath Meyer was struck and killed by a patrol car being driven by another trooper.
Felony murder is a lesser included offense that applies to the death of a person that occurs when the death occurs as a result of an act or event which happens as a direct result of the commission of another felony.
The jury instruction for felony murder in Oklahoma reads as follows:
No person may be convicted of murder in the first degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, the death of a human;
Second, the death occurred as a result of an act or event which happened in the defendant?s commission/(attempted commission) of a/an
[forcible rape]
[robbery with a dangerous weapon]
[kidnapping]
[escape from lawful custody]1
[eluding an officer]
[first-degree burglary/arson]
[murder of a person other than the deceased]
[shooting/discharge of a firearm/crossbow with intent to kill a person other than the deceased]
[intentional discharge of a firearm/[specify other deadly weapon] into a dwelling/(building used for business/public purposes)]
[unlawful distributing or dispensing of controlled dangerous substances/(synthetic controlled substances)]
[trafficking in illegal drugs];
[(manufacturing)/attempting to manufacture) a controlled dangerous substance)];
Third, the elements of the crime of
[forcible rape]
[robbery with a dangerous weapon]
[kidnapping]
[escape from lawful custody] 1
[eluding an officer]
[first-degree burglary/arson]
[murder of a person other than the deceased]
[shooting/discharge of a firearm/crossbow with intent to kill a person other than the deceased]
[intentional discharge of a firearm/[specify other deadly weapon] into a dwelling/(building used for business/public purposes)]
[unlawful distributing or dispensing of controlled dangerous substances/(synthetic controlled substances)]
[trafficking in illegal drugs]
[(manufacturing)/(attempting to manufacture) a controlled dangerous substance)]
that the defendant is alleged to have been in the commission of are as follows:
[Give Elements of Underlying Felony]
Outcome: Defendant was found guilty of felony murder with a recommendation that he be sentenced to life in prison. He was also found guilty of attempting to elude law enforcement with a recommendation that he be sentenced to 5 years. He was found not guilty of possession of marijuana and possession of drug paraphernalia.
Plaintiff's Experts:
Defendant's Experts:
Comments: