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Date: 10-08-2019
Case Style:
STATE OF OKLAHOMA, Plaintiff, v. EPIFANIO SOTO JR, A/K/A EPIFANIO SOTO, Defendant.
Case Number: CF-2018-5892
Judge: CF Docket B
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: District Attorney's Office
Defendant's Attorney:
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Tulsa, OK - The State of Oklahoma charged Epifano Soto, Jr. a/k/a Epifanio Sotor with:
Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7 A
Date of Offense: 12/17/2018
Party Name Disposition Information
SOTO, EPIFANIO JR Disposed: CONVICTION, 10/08/2019. Guilty Plea
Count as Disposed: MANSLAUGHTER - FIRST DEGREE(HM21)
Violation of 21 O.S. 711
Homicide is manslaughter in the first degree in the following cases:
1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.
2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide.
3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.
Count # 2. Count as Filed: WFEL, USE OF A FIREARM IN COMMISSION OF A CRIME OF VIOLENCE, in violation of 21 O.S. 1287
Date of Offense: 12/17/2018
Party Name Disposition Information
SOTO, EPIFANIO JR Disposed: CONVICTION, 10/08/2019. Guilty Plea
Count as Disposed: USE OF A FIREARM IN COMMISSION OF A CRIME OF VIOLENCE(WFEL)
Violation of 21 O.S. 1287
A. Any person who, while committing or attempting to commit a felony, possesses a pistol, shotgun or rifle or any other offensive weapon in such commission or attempt, whether the pistol, shotgun or rifle is loaded or not, or who possesses a blank or imitation pistol, altered air or toy pistol, shotgun or rifle capable of raising in the mind of one threatened with such device a fear that it is a real pistol, shotgun or rifle, or who possesses an air gun or carbon dioxide or other gas-filled weapon, electronic dart gun, conductive energy weapon, knife, dagger, dirk, switchblade knife, blackjack, ax, loaded cane, billy, hand chain or metal knuckles, in addition to the penalty provided by statute for the felony committed or attempted, upon conviction shall be guilty of a felony for possessing such weapon or device, which shall be a separate offense from the felony committed or attempted and shall be punishable by imprisonment in the custody of the Department of Corrections for a period of not less than two (2) years nor for more than ten (10) years for the first offense, and for a period of not less than ten (10) years nor more than thirty (30) years for any second or subsequent offense.
B. Any person convicted of violating the provisions of this section after having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act shall have the license permanently revoked and shall be liable for 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.
C. As used in this section, "altered toy pistol" shall mean any toy weapon which has been altered from its original manufactured state to resemble a real weapon.
D. As used in this section, "altered air pistol" shall mean any air pistol manufactured to propel projectiles by air pressure which has been altered from its original manufactured state.
Outcome: 10-08-2019 CONVICTED
JUDGE TRACY PRIDDY. DEFENDANT PRESENT, IN CUSTODY, REPRESENTED BY CALL 918-582-6422. STATE REPRESENTED BY MARK COLLIER. COURT REPORTER IS JODI TERRY. CASE CALLED FOR DISTRICT COURT ARRAIGNMENT. STATE MAKES ORAL MOTION TO AMEND THE INFORMATION, WITH NO OBJECTIONS BY THE DEFENDANT. DEFENDANT WAIVES FILING OF AN AMENDED INFORMATION. STATE ORALLY ADDS COUNT 2 - USE OF A FIREARM IN COMMISSION OF A CRIME OF VIOLENCE, 21 O.S. § 1287.1. DEFENDANT SWORN IN OPEN COURT, WAIVES JURY & NON JURY TRIALS, ENTERS A PLEA OF GUILTY. COURT ACCEPTS DEFENDANT'S PLEA, FINDS DEFENDANT GUILTY.
COUNT 1 - AMENDED TO MANSLAUGHTER - FIRST DEGREE, 21 O.S. § 711. TWENTY-FIVE (25) YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS. $100.00 FINE, $50.00 VICTIM'S COMPENSATION ASSESSMENT.
COUNT 2 - TEN (10) YEARS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS. $100.00 FINE, $50.00 VICTIM'S COMPENSATION ASSESSMENT.
COUNTS TO RUN CONSECUTIVE; WITH CREDIT FOR ALL TIME SERVED & EARNED. 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 ONE (1) YEAR.
DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 AND JUDGMENT & SENTENCE ISSUED. BOND EXONERATED. COMMITMENT ISSUED TO JAIL.
1 SOTO, EPIFANIO JR
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