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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:



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