State of Oklahoma v. Jericho James Haverstick

Claremore, Oklahoma criminal defense lawyers Nathan Milner and Be Fu represented the Defendant charged with MURDER IN THE FIRST DEGREE- DELIBERATE INTENT, in violation of 21 O.S. 701.7.



Oklahoma Statutes Citationized

Title 21. Crimes and Punishments

Chapter 24 - Homicide

Section 701.7 - Murder in the First Degree



A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.



B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance.



1. Except as provided in paragraph 3 of this subsection, the term "synthetic controlled substance" means a substance:



a. the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II,



b. which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II, or



c. with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II.



2. The designation of gamma butyrolactone does not preclude a finding pursuant to paragraph 1 of this subsection that the chemical is a synthetic controlled substance.



3. Such term does not include:



a. a controlled substance,



b. any substance for which there is an approved new drug application,



c. with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to the extent conduct with respect to such substance is pursuant to such exemption, or



d. any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.



C. A person commits murder in the first degree when the death of a child results from the willful or malicious injuring, torturing, maiming or using of unreasonable force by said person or who shall willfully cause, procure or permit any of said acts to be done upon the child pursuant to Section 843.5 of this title. It is sufficient for the crime of murder in the first degree that the person either willfully tortured or used unreasonable force upon the child or maliciously injured or maimed the child.



D. A person commits murder in the first degree when that person unlawfully and with malice aforethought solicits another person or persons to cause the death of a human being in furtherance of unlawfully manufacturing, distributing or dispensing controlled dangerous substances, as defined in the Uniform Controlled Dangerous Substances Act, unlawfully possessing with intent to distribute or dispense controlled dangerous substances, or trafficking in illegal drugs.



E. A person commits murder in the first degree when that person intentionally causes the death of a law enforcement officer, correctional officer, or corrections employee while the officer or employee is in the performance of official duties.

04-16-2025 CTFREE





JUDGE RUSSELL; CR BAAB; STATE BY MATT BALLARD AND P. PEAK; DEFENDANT PRESENT IN RCJ CUSTODY WITH ATTY BEN FU AND ATTY NATHAN MILNER. CASE COMES ON FOR PRE-TRIAL CONFERENCE // JACKSON DENNO HEARING// JURY INSTRUCTIONS. THE COURT TAKES UP MOTIONS IN LIMINE. AFTER HEARING ARGUMENTS, THE COURT MAKES RULINGS REGARDING MOTIONS. JACKSON DENNO HEARING HELD. WITNESSES CALLED, SWORN AND TESTIMONY TAKEN. THE COURT CONTINUES MATTER FOR RULING REGARDING 3RD INTERVIEW RECORDING ON 04-17-2025 @ 10:30AM.



Document Available (#1060622151) TIFF PDF







04-16-2025 CTFREE





*******AMENDED MINUTE OF 04-16-2025*****



JUDGE RUSSELL; CR BAAB; STATE BY MATT BALLARD AND P. PEAK; DEFENDANT PRESENT IN RCJ CUSTODY WITH ATTY BEN FU AND ATTY NATHAN MILNER. CASE COMES ON FOR PRE-TRIAL CONFERENCE // JACKSON DENNO HEARING// JURY INSTRUCTIONS. THE COURT TAKES UP MOTIONS IN LIMINE. AFTER HEARING ARGUMENTS, THE COURT RULES THE FOLLOWING;

AS TO CRIME SCENE PHOTOS: THE COURT OVERRULES DEFENDANTS MOTION AND WILL ALLOW 3 OF 5 PROPOSED PICTURES AND AUDIO TO BE SHOWN AT TRIAL.

M.E. REPORT: THE COURT RULES M.E. REPORT TO BE ADMITTED IN FULL.

DEFENDANTS MOTION IN LIMINE FOR CLOSING: DECISION HELD UNTIL TIME OF CLOSING ARGUMENTS.

DEFENDANTS MOTION IN LIMINE AS TO PRIOR BAD ACTS: THE COURT ORDERS SOME REDACTIONS BE MADE.

JACKSON DENNO HEARING HELD. WITNESSES CALLED, SWORN AND TESTIMONY TAKEN.

THE COURT HEARS ARGUMENTS REGARDING 3 INTERVIEW RECORDINGS AND RULES AS FOLLOWS:

INTERVIEW 1) THE COURT FINDS THE STATE HAS MET BURDEN TO INTRODUCE INTERVIEW.

INTERVIEW 2) THE COURT FINDS THE STATE HAS MET BURDEN TO INTRODUCE INTERVIEW.

INTERVIEW 3) THE COURT HOLDS RULING ON THIS MATTER AND ORDERS PARTIES TO PROVIDE CASE LAW BEFORE RULING IS MADE.

THE COURT CONTINUES MATTER FOR RULING REGARDING 3RD INTERVIEW RECORDING ON 04-17-2025 @ 10:30AM.



Document Available (#1060622155) TIFF PDF







04-17-2025 CTFREE





JUDGE RUSSELL; CR BAAB; STATE BY MATT BALLARD AND P. PEAK; DEFENDANT PRESENT IN RCJ CUSTODY WITH ATTY BEN FU AND ATTY NATHAN MILNER. CASE COMES ON FOR PRE-TRIAL CONFERENCE// RULING REGARDING DEFENDANTS MOTION TO SUPPRESS (REGARDING 3RD INTERVIEW). THE COURT RECEIVED CASE LAW FROM BOTH PARTIES REGARDING THIS MATTER. ARGUMENTS HEARD. THE COURT FINDS THE DEFENDANT FREELY, KNOWINGLY AND VOLUNTAIRLY MADE A WAIVER OF RIGHTS. THE DEFEDANTS MOTION TO SUPPRESS 3RD INTERVIEW IS OVERRULED. CONTINUED JACKSON DENNO HEARING HELD. THE STATE CALLS ISAAC SHIELDS, SWORN AND TESTIMONY TAKEN. THE COURT ORDERS PARTIES BACK 04-21-2025 @ 8AM FOR JURY TRIAL.



Document Available (#1060622159) TIFF PDF



Haverstick, Jericho James



04-21-2025 CTFREE





JUDGE RUSSELL; COURT REPORTER-BAAB; STATE BY MATT BALLARD, PHILLIP PEAK AND WES JONES AS CASE AGENT. DEFT PRESENT IN RCJ CUSTODY WITH ATTY BEN FU AND NATHAN MILNER. CASE COMES ON FOR JURY TRIAL. POTENTIAL JURORS PRESENT, SWORN, INSTRUCTIONS GIVEN. VOIR DIRE HELD. PARTIES PASS JURY FOR CAUSE. 14 JURORS IMPANELED AND OATH ADMINISTERED. END OF DAY ADMONISHMENT GIVEN. JURORS EXCUSED AND TO REPORT ON APRIL 22, 2025 @ 8:00AM.



Document Available (#1060622163) TIFF PDF



Haverstick, Jericho James



04-22-2025 CTFREE





JUDGE RUSSELL; COURT REPORTER-BAAB; STATE BY MATT BALLARD, PHILLIP PEAK AND WES JONES AS CASE AGENT. DEFT PRESENT IN RCJ CUSTODY WITH ATTY BEN FU AND NATHAN MILNER. CASE COMES ON FOR CONTINUED JURY TRIAL. JURORS PRESENT. OPENING STATEMENTS GIVEN BY STATE AND DEFT. STATE CALLS MICHAEL ARTHURS, SIERRA BROWN, BRANDEN WOODS, SHAWN ZANDBERGEN, WILLIAM EMERY, WHEELER DORSEY, LARRY SPURLOCK, TOMMY KIEFER, BRENT ANDERSON, JOSEPH WILLIARD AND WAYNE BROWN; ALL SWORN AND TESTIMONY TAKEN. COURT BREAK FOR THE DAY. END OF DAY ADMONISHMENT GIVEN. JURORS EXCUSED AND TO REPORT BACK APRIL 23, 2025 @ 9AM.



Haverstick, Jericho James



04-23-2025 CTFREE





JUDGE RUSSELL; COURT REPORTER-BAAB; STATE BY MATT BALLARD, PHILLIP PEAK AND WES JONES AS CASE AGENT. DEFT PRESENT IN RCJ CUSTODY WITH ATTY BEN FU AND NATHAN MILNER. CASE COMES ON FOR CONTINUED JURY TRIAL. JURORS PRESENT. STATE CALLS HEATHER SCHAFSTALL, SAMANTHA MEISINGER, DR. ROSS MILLER, ISAAC SHIELDS AND WES JONES; ALL SWORN AND TESTIMONY TAKEN. COURT BREAKS FOR THE DAY. END OF DAY ADMONISHMENT GIVEN. JURORS EXCUSED AND TO REPORT BACK APRIL 24, 2025 @ 8:30AM.



Document Available (#1060597594) TIFF PDF



Haverstick, Jericho James



04-24-2025 CTFREE





4-24-2025

JUDGE RUSSELL; COURT REPORTER-BAAB; STATE BY MATT BALLARD, PHILLIP PEAK AND WES JONES AS CASE AGENT. DEFT PRESENT IN RCJ CUSTODY WITH ATTY BEN FU AND NATHAN MILNER. CASE COMES ON FOR CONTINUED JURY TRIAL. OUTSIDE THE PRESENCE OF THE JURORS' PARTIES CONFERENCE AND JURY INSTRUCTIONS APPROVED. DEFT DEMURS TO EVIDENCE. COURT OVERRULES AND NOTES DEFT EXCEPTION. DEFT SWORN; TESTIMONY TAKEN. JURORS BROUGHT IN. JURY INSTRUCTED. CLOSING ARGUMENTS HEARD. JURY DELIBERATES AND FINDS AS FOLLOWS:



COUNT 1: MURDER IN THE FIRST DEGREE--GUILTY AND FIX PUNISHMENT AT LIFE WITHOUT THE POSSIBLITY OF PAROLE



DEFT REMANDED TO THE CUSTODY OF RCJ. PSI ORDERED. DEFT SET FOR FORMAL SENTENCING 6-20-2025 @ 9:30AM. PIZZA WAS ORDERED FOR THE JURORS AND PAID FOR FROM THE COURT FUND.