State of Oklahoma v. Angelo C. Lacirignola.

Tulsa, Oklahoma, criminal defense lawyer represents the Defendant charged with felony murder, in violation of 21 O.S. 701..

Angelo C. Lacirignola.drove the wrong way on I-244 causing an accident that killed Fredie Hunter, age 64, of Catoosa.

The Oklahoma Highway Patrol says a 44-year-old man drove the wrong way on I-244 with a blood alcohol concentration of 0.22.

Under Oklahoma law, second-degree murder is a Class A1 felony that occurs without a premeditated design to kill.

Definition & Types

According to Oklahoma Statutes Title 21 § 21-701.8, a homicide is second-degree murder in two situations:

• Depraved Mind Murder: When the act is imminently dangerous to others, shows a "depraved mind" with extreme disregard for human life, and is done without a specific intent to kill any particular person.

• Felony-Murder (Non-Enumerated): When the death happens while a person is committing a felony that is not one of the specific felonies listed under first-degree murder rules.

Elements to Prove

To get a conviction, the state must prove beyond a reasonable doubt that:

1. A human being died.

2. The death was caused by conduct imminently dangerous to others.

3. The conduct belonged to the defendant.

4. The conduct showed a depraved mind with total indifference to human life.

5. The act was committed without a premeditated intent to take a specific person's life.

Penalties

• Prison Sentence: Punishable by imprisonment in the custody of the Oklahoma Department of Corrections for a minimum of 10 years up to life.

• Classification: It is designated as a Class A1 felony.

A criminal charge is not proof of guilt.