The ultimate hope of everyone charged with a crime in the state is that his or her Oklahoma criminal defense lawyer will be able to bring the case to a close with either a dismissal or an acquittal. While a dismissal or a "not guilty" verdict is not possible in every case, three Oklahoma City homicide cases were dismissed in just over a month due to lack of evidence.
Cases in Question
Prosecutors say they have the right to file charges again if new evidence is provided or discovered in these cases, but for now, three men are free from the murder charges originally filed against them. The first of the three recent homicide cases to be dismissed was that of Brian Keith Manual, 20, of Oklahoma City. Manual, known as "Teen Wolf," was accused in the Oklahoma City shooting death of 19-year-old Kascey McClellan outside a club in 2008.
Manual was charged after witnesses identified him as the shooter, and he spent six months in jail before his case was dismissed on February 4, 2011, due to "problems with the witnesses." Doyle Wayne Briggs, 36, also of Oklahoma City, was released from jail on February 25, 2011, after spending 18 months behind bars for his alleged role in a fatal shooting over a drug dispute.
Briggs and an accomplice, Jarmal Walker, were accused of killing brothers Shannon and Corey Brown, who confronted two men alleged to be Briggs and Walker after the men sold them fake cocaine. Walker was convicted of the murders and is serving two consecutive life terms.
Briggs's case was dismissed after prosecutors admitted they had problems with the evidence. Last week, prosecutors dismissed a murder charge against Richard M. McFall, 57, of Oklahoma City. McFall, who was on parole for a 1991 second degree murder conviction, was accused of shooting and killing Billy Gene Cooks, Jr., 31, after his cell phone was found near the victim's car at a truck stop in Oklahoma City. Insufficient evidence led to the dismissal of the homicide charge.
Fighting for Dismissal
While dismissal and acquittal are not possible in every criminal case, a skilled Oklahoma defense attorney will work to ensure a fair trial and the optimum outcome to every case. Through challenging inadequate, insufficient, or illegal evidence, a criminal lawyer may be able to achieve a dismissal of the case before it ever goes to trial.
In other cases, questionable evidence may render it impossible for prosecutors to meet the burden of proof, allowing a jury to reach a verdict of not guilty. Those accused of crimes in Oklahoma City and throughout the state should contact an experienced, successful criminal defense lawyer in Oklahoma as soon as possible to begin building a solid defense.