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Date: 04-16-2024
Case Style:
Case Number: CF-2023-1217
Judge: CF DFV Docket
Court: In the District Court in and for Tulsa County, Oklahoma
Plaintiff's Attorney: Tulsa County District Attorney’s Office
Defendant's Attorney:
Description: Tulsa, Oklahoma, criminal law lawyer represented the Defendant, charged with:
Count # 1.
Count as Filed: ABDOM, DOMESTIC ASSAULT AND BATTERY BY STRANGULATION, in violation of 21 O.S. 644 J
Date of Offense: 03/30/2023
BROWN, LARRY DONELL
Disposed: CONVICTION, 04/16/2024. Guilty Plea
Count as Disposed: DOMESTIC ASSAULT AND BATTERY BY STRANGULATION(ABDOM)
Violation of 21 O.S. 644 J
J. Any person who commits any assault and battery by strangulation or attempted strangulation against an intimate partner or a family or household member as defined by Section 60.1 of Title 22 of the Oklahoma Statutes shall, upon conviction, be guilty of domestic abuse by strangulation and shall be punished by imprisonment in the custody of the Department of Corrections for a period of not less than one (1) year nor more than three (3) years, or by a fine of not more than Three Thousand Dollars ($3,000.00), or by both such fine and imprisonment. Upon a second or subsequent conviction for a violation of this section, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for a period of not less than three (3) years nor more than ten (10) years, or by a fine of not more than Twenty Thousand Dollars ($20,000.00), or by both such fine and imprisonment. The provisions of Section 51.1 of this title shall apply to any second or subsequent conviction of a violation of this subsection. As used in this subsection, “strangulation” means any form of asphyxia; including, but not limited to, asphyxia characterized by closure of the blood vessels or air passages of the neck as a result of external pressure on the neck or the closure of the nostrils or mouth as a result of external pressure on the head.
Count # 2.
Count as Filed: ABDOM, ASSAULT AND BATTERY - DOMESTIC 2ND OFFENSE, in violation of 21 O.S. 644.1
Date of Offense: 03/30/2023
BROWN, LARRY DONELL
Disposed: CONVICTION, 04/16/2024. Guilty Plea
Count as Disposed: ASSAULT AND BATTERY - DOMESTIC 2ND OFFENSE(ABDOM)
Violation of 21 O.S. 644.1
A. Any person who commits domestic abuse, as defined by subsection C of Section 644 of this title, and has a prior pattern of physical abuse shall be guilty of a felony, upon conviction, punishable by imprisonment in the custody of the Department of Corrections for a term of not more than ten (10) years or by a fine not exceeding Five Thousand Dollars ($5,000.00) or by both such fine and imprisonment.
B. For purposes of this section, "prior pattern of physical abuse" means two or more separate incidences, including the current incident, occurring on different days and each incident relates to an act constituting assault and battery or domestic abuse committed by the defendant against a current or former spouse, a present spouse of a former spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is in a dating relationship, an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, a person living in the same household as the defendant, a current intimate partner or former intimate partner, or any combination of such persons, where proof of each incident prior to the present incident is established by the sworn testimony of a third party who was a witness to the alleged physical abuse or by other admissible direct evidence that is independent of the testimony of the victim.
Outcome: 04-16-2024 CONVICTED
JUDGE MICHELLE KEELY: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY GREG GRAVES, PD. STATE REPRESENTED BY ELYSSA KOHLER AND TREVION FREEMAN. COURT REPORTER: BRENDA PLUMBTREE. DEFENDANT ADVISED OF RIGHTS, WAIVED JURY/NON-JURY TRIAL AND ENTERED PLEA OF GUILTY. COURT ACCEPTS PLEA, FINDS DEFENDANT GUILTY, AND SENTENCES AS FOLLOWS:
COUNT 1) DEFENDANT SENTENCED TO TWENTY (20) YEARS IN THE DEPARTMENT OF CORRECTIONS - THE FIRST NINE (9) YEARS TO BE SERVED IN CUSTODY AND THE LAST ELEVEN (11) YEARS TO BE SUSPENDED. DEFENDANT ASSESSED: $500.00 FINE, $250.00 VCA, PLUS COSTS.
COUNT 2) DEFENDANT SENTENCED TO TWENTY (20) YEARS IN THE DEPARTMENT OF CORRECTIONS - THE FIRST NINE (9) YEARS TO BE SERVED IN CUSTODY AND THE LAST ELEVEN (11) YEARS TO BE SUSPENDED. DEFENDANT ASSESSED: $500.00 FINE, $250.00 VCA, PLUS COSTS.
ALL COUNTS TO RUN CONCURRENTLY WITH EACH OTHER.
ALL CASES TO RUN CONCURRENTLY WITH EACH OTHER: CF-2023-1217, CM-2022-3767, AND CM-2023-3203.
DEFENDANT RECEIVES CREDIT FOR TIME SERVED AND EARNED INCLUDING 3/30/2023 TO 5/24/2023 AND FROM 10/29/2023 TO PRESENT.
THE COURT ORDERS IMMEDIATE TRANSPORTATION TO THE DEPARTMENT OF CORRECTIONS AT THE REQUEST OF THE DEFENDANT.
THE COURT RECOMMENDS THAT THE DEFENDANT BE ALLOWED WHILE IN CUSTODY TO COMPLETE KEYS TO LIFE OR EQUIVALENT DRUG TREATMENT PROGRAM AND BIP OR ANY EQUIVALENT PROGRAM THAT SATISFIES THE LEGISLATURE'S REQUIREMENT OF A 52 WEEK DOMESTIC VIOLENCE PROGRAM APPROVED BY THE OKLAHOMA ATTORNEY GENERAL'S OFFICE.
DEFENDANT IS GIVEN 180 DAYS AFTER RELEASE TO REPORT TO COST ADMINISTRATION TO SET UP A PAYMENT PLAN.
DEFENDANT TO BE UNDER THE SUPERVISION OF THE DEPARTMENT OF CORRECTIONS - PROBATION AND PAROLE.
DEEFENDANT IS ORDERED TO COMPLETE BIP WHILE ON PROBATION IF NOT COMPLETE WHILE IN CUSTODY.
BIP REVIEW SET ON 12/17/2024 AT 9AM IN ROOM 713.
DEFENDANT IS ORDERED TO FOLLOW ALL RULES AND CONDITIONS OF FELONY DOMESTIC VIOLENCE COURT.
DEFENDANT IS ORDERED TO HAVE NO CONTACT WITH THE VICTIM.
DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 EXECUTED. BOND EXONERATED. J&S ISSUED. COMMITMENT FOR PUNISHMENT ISSUED.
Plaintiff's Experts:
Defendant's Experts:
Comments: