State of Oklahoma v. K.H.

Eufaula, Oklahoma, criminal defense lawyer Kent Morlan represented Defendant charged with conspiracy to commit grand larceny.

K.H. a tow truck operator, received a call from T.J. seeking to have a trailer he claimed to own that was broken down on the road in McIntosh County, Oklahoma. K.H.'s truck was broken down, so, he called C.C. to do the job for the man. K.H. joined C.C. to go to meet the customer T.J. to pick up and take to T.J.'s house, but were arrested by the McIntosh County Sheriff's Office.

The trailer had be placed on the highway by the McIntosh County, Oklahoma, Sheriff's Office in an effort to entice someone to steal it. The trailer was equipped with a communications device that made it possible for Sheriff's deputies to track the trailer. As a result track the movement of the trailer being moved by C.J. with K.H. riding in the tow truck to Henryetta, Oklahoma, where C.J. and K.H. were arrested.

T.J., C.C. and K.H. were all charged with conspiracy to commit grand larceny. T.J. and C.C. elected to plead guilty and were given suspended sentenced. The McIntosh County District Attorney Office plead guilty and be sentenced to 5 years in the Department of Corrections.

During a break at the pre-trial conference K.H. told counsel that the was a member of the Potowatami Nation. Counsel immediately orally move the court to dismiss the charge. The Court ordered Defense counsel to filed a written motion and to appear and argue the motion.

Grand larceny is one of the crimes listing the Federal Major Crimes Act, 18 U.S.C. 1153..

Motion granted. Case dismissed.