In late May, Tulsa County District Judge James Caputo sentenced a former DHS worker who pleaded guilty to forcible oral sodomy to two years in prison followed by eight years of probation. After mulling his decision over the weekend, Judge Caputo changed his mind and vacated his sentence, instead sentencing Ronald J. Green II to a ten-year deferred sentence with no prison time. The Tulsa County District Attorney's Office is challenging Caputo's change, saying that a sex offender is not eligible for deferred sentence and that a District Court judge has no authority to change his own sentence. Green was accused of receiving oral sex from a 15-year-old girl in DHS custody while he was a 24-year-old employee of the Oklahoma Department of Human Services. Green was transporting the girl from Stillwater to Tulsa to visit her mother, when he says she offered to perform oral sex on him. He initially refused but then, "gave into" the "terrible act." The girl did not report the incident until approximately a year later, and she admitted that she had been flirting with him and he did not force her to do anything. However, despite the girl's willingness to perform a sex act, and despite Green's initial refusal of her offer, the act violated at least two sections of Oklahoma forcible sodomy law (21 O.S. § 888). Under state law, forcible sodomy includes:
- Sodomy of a person under age 16 by a person over age 18,
- Sodomy of a person whose mental illness or "unsoundness of mind" makes him or her unable to provide legal consent, and
- Sodomy of a person under the custody of a state, county, or city agency or political subdivision by an employee of that agency.