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Date: 12-17-2018
Case Style:
State of Oklahoma v. Deontay Marquis Marsalis
Case Number: CF-2018-5253
Judge: William Musseman
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Kay Hamstra
Defendant's Attorney: Thomas Reese
Description:
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Tulsa, OK - The State of Oklahoma charged Deontay Marquis Marsalis with:
Count # 1. Count as Filed: WE3, FELONIOUSLY POINTING FIREARM, in violation of 21 O.S. 1289.16
Date of Offense: 11/11/2018
Party Name Disposition Information
MARSALIS, DEONTAY MARQUIS Disposed: CONVICTION, 12/17/2018. Guilty Plea
Count as Disposed: FELONIOUSLY POINTING FIREARM(WE3)
Violation of 21 O.S. 1289.16
Count # 2. Count as Filed: OWPN, POSSESSION OF A FIREARM, AFCF, in violation of 21 O.S. 1283
Date of Offense: 11/11/2018
Party Name Disposition Information
MARSALIS, DEONTAY MARQUIS Disposed: CONVICTION, 12/17/2018. Guilty Plea
Count as Disposed: POSSESSION OF A FIREARM, AFCF(OWPN)
Violation of 21 O.S. 1283
Count # 3. Count as Filed: SWIK, SHOOTING WITH INTENT TO KILL, in violation of 21 O.S. 652
Date of Offense: 11/11/2018
Party Name Disposition Information
MARSALIS, DEONTAY MARQUIS Disposed: DISMISSED, 12/17/2018. Dismissed- Request of the State
Count as Disposed: SHOOTING WITH INTENT TO KILL(SWIK)
Violation of 21 O.S. 652
FELONY POINTING FIREARMS
Except for an act of self-defense, it shall be unlawful for any person to willfully or without lawful cause point a shotgun, rifle or pistol, or any deadly weapon, whether loaded or not, at any person or persons for the purpose of threatening or with the intention of discharging the firearm or with any malice or for any purpose of injuring, either through physical injury or mental or emotional intimidation or for purposes of whimsy, humor or prank, or in anger or otherwise, but not to include the pointing of shotguns, rifles or pistols by law enforcement authorities in the performance of their duties, armed security guards licensed by the Council on Law Enforcement Education and Training pursuant to the Oklahoma Security Guard and Private Investigator Act in the performance of their duties, members of the state military forces in the performance of their duties, members of the federal military reserve and active military components in the performance of their duties, or any federal government law enforcement officer in the performance of any duty, or in the performance of a play on stage, rodeo, television or on film, or in defense of any person, one's home or property. Any person convicted of a violation of the provisions of this section shall be punished as provided in Section 1289.17 of this title.
Any person convicted of a violation of the provisions of this section after having been issued a handgun license pursuant to the Oklahoma Self-Defense Act shall have the license revoked and shall be subject to an administrative fine of One Thousand Dollars ($1,000.00), upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.
Outcome:
MUSSEMAN, WILLIAM: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY THOMAS REESE, PD. STATE REPRESENTED BY KATY HAMSTRA. COURT REPORTER: DIANA CAVENAH. DEFENDANT ADVISED OF RIGHTS, WAIVED JURY/NON JURY TRIAL AND ENTERED PLEA OF GUILTY. COURT ACCEPTS GUILTY PLEA, FINDS DEFENDANT GUILTY, AND SENTENCES AS FOLLOWS:
COUNT 1) DEFENDANT SENTENCED TO EIGHT (8) YEARS IN THE DEPARTMENT OF CORRECTIONS, ALL TIME IN CUSTODY, WITH CREDIT FOR TIME SERVED. DEFENDANT ASSESSED: $500.00 FINE, $150.00 VCA, PLUS COSTS.
COUNT 2) DEFENDANT SENTENCED TO EIGHT (8) YEARS IN THE DEPARTMENT OF CORRECTIONS, ALL TIME IN CUSTODY, WITH CREDIT FOR TIME SERVED. DEFENDANT ASSESSED: $500.00 FINE, $150.00 VCA, PLUS COSTS.
COUNT 3) DISMISSED COST TO STATE.
COUNTS 1-2 TO RUN CONCURRENTLY WITH EACH OTHER.
THE COURT ORDERS IMMEDIATE TRANSPORTATION TO THE DEPARTMENT OF CORRECTIONS AT THE REQUEST OF THE DEFENDANT.
UPON RELEASE FROM INCARCERATION, DEFENDANT TO SERVE ONE (1) YEAR POST-IMPRISONMENT SUPERVISION THROUGH THE DEPARTMENT OF CORRECTIONS.
DEFENDANT IS GIVEN 180 DAYS AFTER RELEASE TO REPORT TO COST ADMINISTRATION FOR A PAYMENT PLAN.
DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 EXECUTED. BOND EXONERATED. J&S ISSUED. COMMITMENT FOR PUNISHMENT ISSUED.
Plaintiff's Experts:
Defendant's Experts:
Comments: