State of Oklahoma v. Danny R. Hawkins

Holdenville, Oklahoma criminal defense lawyer represented the Defendant charged with Count I, First Degree Manslaughter in violation of 21 O.S. § 711,1 and Count II, Unlawful Possession of a Sawed–Off Shotgun, in violation of 21 O.S.2001, § 1289.18, after former conviction of a felony.



MoreLaw was created to help people find experienced lawyers to represent them in the more than 3,144 counties across the United States. Click the link above to see a list of lawyers ready and willing to represent you if you have a legal problem and need help. Call: 918-582-6422 for help.



Just after midnight on February 6, 2008, Dawkins fatally shot Brandon Sanford in the chest with Dawkins's sawed-off shotgun. Sanford had been in an abusive relationship with 19–year–old Shonna Jennings. Shonna lived with her older sister Summer in Holdenville. On February 5, Sanford came to their house, got in a fight with Shonna, and knocked her to the ground. He left, got drunk, and eventually returned to Shonna's house around midnight.



Dawkins had never met Sanford but Shonna had told Dawkins about him. After Sanford left on the night of February 5, Dawkins and his friend James Bradley picked up the girls. They drove to Seminole, stopping at Holdenville Lake. Dawkins usually carried a sawed-off shotgun, and he, Bradley and Shonna fired the gun while they were at the lake. They returned to the girls' house. Bradley sat on the couch and Dawkins went outside. Sanford drove up and immediately walked in the house uninvited. Dawkins got his sawed-off shotgun from his car. Sanford spoke to Shonna briefly but was distracted when he saw Bradley on the couch. Asking if Bradley wanted to start something, Sanford began to hit Bradley. Summer and Shonna yelled at Sanford to stop. As Sanford attacked Bradley, Dawkins stepped inside the front door. Sanford turned to look at him. Dawkins raised the gun and shot Sanford once in the chest. Dawkins admitted shooting Sanford but told police it was an accident. Arguing that Sanford was leaving Bradley and coming for him, he claimed self-defense at trial.



Oklahoma statutes provide that a person has the right to expect absolute safety in a place they have a right to be, and may use deadly force to repel an unlawful intruder. 21 O.S. Supp.2006. § 1289.25. A person who has a reasonable fear of imminent death or great bodily harm to himself or another may use defensive force including deadly force. The person against whom the force is used must commit an unlawful and forcible entry or act which prompts the use of deadly force. 21 O.S.Supp.2006, § 1289.25(B). A person may use deadly force with no duty to retreat when he has the lawful right to be where he is, and when he reasonably believes the use of deadly force is necessary. 21 O.S.Supp.2006. § 1289.25(D). A person whose use of force is justified according to the statute is immune from criminal prosecution and civil action. 21 O.S.Supp.2006. § 1289.25(F).



* * *



Legal issue Does the "stand your ground" law apply when the defendant is engaged in unlawful activity at the time of using deadly force?

Headnote



CRIMINAL LAW. SELF-DEFENSE AND THE STAND YOUR GROUND LAW. The case addresses whether the defendant was justified in using deadly force under Oklahoma's "stand your ground" statute given that he was in possession of an illegally modified weapon at the time of the incident.



CRIMINAL LAW. PROSECUTORIAL MISCONDUCT. The court evaluated claims of prosecutorial misconduct during closing arguments, specifically concerning improper comments on the presumption of innocence and the defendant's decision not to testify.



CRIMINAL LAW. JURY INSTRUCTIONS. The case considers the impact and propriety of jury instructions related to self-defense and flight where an instruction on self-defense was given upon the defendant's request and a flight instruction was deemed inappropriate.



CRIMINAL LAW. INEFFECTIVE ASSISTANCE OF COUNSEL. The appeal examines claims of ineffective assistance of counsel, particularly in relation to objections to jury instructions and prosecutorial arguments.



CRIMINAL PROCEDURE. CUMULATIVE ERROR. The appeal addressed whether the accumulation of alleged trial errors warranted a reversal of the conviction.

Key Paragraphs

Highlight Key Paragraphs

"...Dawkins was required to present evidence of self-defense, through his own or the State's witnesses; only then does the State have the burden to prove beyond a reasonable doubt that the defendant was not acting in self-defense....”

"...Examples of current crimes include, but are not limited to, use of an illegal weapon in commission of the homicide, possession of illegal drugs on the premises, or an ongoing assault by the defendant against another person in the residence....”

"...Appellant had an absolute right to use lethal force to repel an unlawful intruder....”



Key Phrases First Degree Manslaughter. Stand Your Ground Law. Unlawful Possession. Prosecutorial Misconduct. Effective Assistance of Counsel.

Affirmed