CRIMINAL FELONY INITIAL FILING.

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AFFIDAVIT OF PROBABLE CAUSE FOR ARREST WARRANT

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OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND

SURETY BOND FOR MCCUTCHEN, HURCEL NEWTON III POSTED BY SHED, BRYAN (MULTICOUNTY AGENT:AGUILAR, R. A. DAMPF ) (POWER NUMBER:ABB-22-68810 ), IN THE AMOUNT OF $50,000.00, POSTED 08/31/2022

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COURT CLERK ADMINISTRATIVE FEE ON $25 COLLECTIONS

RELEASE

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JUDGE SUSAN WORTHINGTON-STATE APPEARS BY J.R. KALKA, JOHN CLEVELAND AND MARSHALL STONE, ASSISTANT DISTRICT ATTORNEYS. DEFENDANT APPEARS IN PERSON WITH ATTORNEY ROYCE HOBBS. AT THE DEFENDANT'S REQUEST, CASE IS SET FOR PRELIMINARY HEARING MAY 5, 2023 AT 2:00 P.M.

JUDGE SUSAN WORTHINGTON-AT THE COURT'S REQUEST THIS CASE IS CONTINUED TO FEBRUARY 23, 2023 AT 9:00 A.M.

SUBPOENA RETURNED FROM LOGAN COUNTY DISTRICT ATTORNEY SERVED ERIC HARLOW 11/8/23 BY MAILING

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SUBPOENA RETURNED FROM LOGAN COUNTY DISTRICT ATTORNEY SERVED JEREMIAH SLATEN 11/8/23 BY MAILING

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SUBPOENA RETURNED FROM LOGAN COUNTY DISTRICT ATTORNEY SERVED SHANE BALLARD 11/8/23 BY EMAIL; DAVID HELLUMS 11/8/23 BY EMAIL AND MIKE WALLACE 11/8/23 BY EMAIL

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JUDGE SUSAN WORTHINGTON-JP-STATE APPEARS BY DEBBIE VINCENT, ASSISTANT DISTRICT ATTORNEY. DEFENDANT APPEARS IN PERSON WITH ATTORNEY ROYCE HOBBS. DEFENDANT IS PRESENTED WITH THE FIRST AMENDED INFORMATION. AFTER HEARING EVIDENCE, COURT FINDS PROBABLE CAUSE TO BELIEVE A CRIME WAS COMMITTED AND PROBABLE CAUSE TO BELIEVE THE DEFENDANT COMMITTED THE CRIME. DEFENDANT WAIVES THE RIGHT TO ARRAIGNMENT WITHIN 30 DAYS. DEFENDANT IS BOUND OVER FOR TRIAL COURT ARRAIGNMENT JANUARY 5, 2024 AT 9:00 A.M.

JUDGE DUEL- STATE APPEARS BY MATTHEW ADAMS, ASSISTANT DISTRICT ATTORNEY. DEFENDANT APPEARS IN PERSON WITH ATTORNEY ROYCE HOBBS. COURT SETS DEFENDANT'S MOTION TO QUASH FOR HEARING ON APRIL 10, 2024 AT 3:00 P.M.

STATE'S RESPONSE TO DEFENDANT'S MOTION TO QUASH AND SET ASIDE THE INFORMATION

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PRELIMINARY HEARING HELD THIS 28TH DAY OF NOVEMBER 2023 BEFORE THE HONORABLE SUSAN WORTHINGTON, SPECIAL JUDGE (ORIGINAL ONLY)

JUDGE DUEL- STATE APPEARS BY SARAH CONLEY, ASSISTANT DISTRICT ATTORNEY. DEFENDANT APPEARS IN PERSON WITH ATTORNEY ROYCE HOBBS. CASE IS SET DECEMBER 6, 2024 AT 9:00 A.M. FOR FINAL PRETRIAL AND TO SELECT JURY TRIAL DATE. ALL DISCOVERY IS ORDERED EXCHANGED BY THAT DATE.

SUBPOENA RETURNED FROM LOGAN COUNTY DISTRICT ATTORNEY SERVED VERNON BRAKE 6/30/25 BY EMAIL

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SUBPOENA RETURNED FROM LOGAN COUNTY DISTRICT ATTORNEY SERVED DAVID HELLUMS 6/30/25 BY EMAIL

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SUBPOENA RETURNED FROM LOGAN COUNTY DISTRICT ATTORNEY SERVED MIKE WALLACE 6/30/25 BY EMAIL

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SUBPOENA RETURNED FROM LOGAN COUNTY DISTRICT ATTORNEY SERVED ERIC HARLOW 7/1/225 BY EMAIL

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SUBPOENA RETURNED FROM LOGAN COUNTY DISTRICT ATTORNEY SERVED JEREMIAH SLATEN 7/1/25 BY MAILING

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SUBPOENA RETURNED FROM LOGAN COUNTY DISTRICT ATTORNEY SERVED GARY METCALFE, OSBI 7/1/25 BY EMAIL

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SUBPOENA OUT OF COUNTY ISSUED BACK TO LOGAN COUNTY DISTRICT ATTORNEY FOR SERVICE ON CHARLES SMITH

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SUBPOENA OUT OF COUNTY ISSUED BACK TO THE DISTRICT ATTORNEY FOR SERVICE ON SHANE WHITE

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SUBPOENA OUT OF COUNTY ISSUED BACK TO LOGAN COUNTY DISTRICT ATTORNEY FOR SERVICE ON LINFENG MAI

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STATE'S MOTION FOR JACKSON V. DENNO HEARING

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SUBPOENA RETURNED FROM LOGAN COUNTY DISTRICT ATTORNEY SERVED MIKE WALLACE 7/14/20 BY EMAIL

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SUBPOENA RETURNED FROM LOGAN COUNTY DISTRICT ATTORNEY SERVED DANE LAUSEN 7/14/2025

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SUBPOENA RETURNED FROM LOGAN COUNTY DISTRICT ATTORNEY SERVED GUTHRIE FIRE AND EMS REPRESENTATIVE 7/14/2025 BY EMAIL

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SUBPOENA RETURNED FROM LOGAN COUNTY DISTRICT ATTORNEY SERVED BRYAN JENKINS 7/14/2025 BY EMAIL

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SUBPOENA RETURNED FROM LOGAN COUNTY DISTRICT ATTORNEY SERVED JEREMY LANOY 7/14/2025 BY MAILING

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STATE'S NOTICE OF OPEN FILE AND REQUEST FOR DISCOVERY

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STATE'S MOTION IN LIMINE

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SUBPOENA RETURNED FROM LOGAN COUNTY DISTRICT ATTORNEY SERVED LOGAN COUNTY DISPATCH RECORDS CUSTODIAN 7-16-25 BY EMAIL

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SUBPOENA RETURNED FROM LOGAN COUNTY DISTRICT ATTORNEY SERVED BILL WORDEN 7/16/25 BY EMAIL

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MOTION TO ENDORSE ADDITIONAL WITNESS(ES)

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OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND

JUDGE DUEL- COURT CONTINUES CASE TO JULY 30, 2025 AT 3:00 P.M..

JUDGE DUEL- DEFENDANT APPEARS WITH COUNSEL. STATE APPEARS BY KAREN DIXON. CASE CONTINUED TO AUGUST 5, 2025 AT 1:30 P.M..

NOTICE OF INTENT TO OFFER SUBSTITUTE MEDICAL EXAMINER

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SUBPOENA RETURNED FROM LOGAN COUNTY DISTRICT ATTORNEY SERVED DAVID HELLUMS 7/31/25 BY EMAIL

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JUDGE DUEL- STATE APPEARS BY SARAH CONLEY AND KAREN DIXON, ASSISTANT DISTRICT ATTORNEYS. DEFENDANT APPEARS IN PERSON WITH ATTORNEY ROYCE HOBBS.
CASE COMES ON FOR HEARING ON STATE'S MOTION FOR JACKSON C. DENNO HEARING; STATE'S MOTION IN LIMINE; STATE'S SECOND MOTION IN LIMINE TO COMPEL DISCOVERY.

THE COURT AFTER HEARING ORAL ARGUMENT FROM THE ATTORNEYS FINDS:
THE STATE HAS MET THE BURDEN AS EXPLAINED IN JACKSON V. DENNO AND THE COURT FINDS THE STATEMENTS MADE BY THE DEFENDANT TO LAW ENFORCEMENT WERE GIVEN FREELY AND VOLUNTARILY. THE DEFENANT WAS NOT ARRESTED AT THE SCENE OF THE CRIME. HE WAS NOT THREATENED OR COERCED INTO MAKING ANY STATEMENT TO LAW ENFORCEMENT. HE WAS NOT HANDCUFFED.
WHEN TROOPER HELLUMS ASKED THE DEFENDANT IF HE WOULD SUBMIT TO THE BLOOD TEST THE DEFENDANT GAVE HIS CONSENT. AT NO TIME DID THE DEFENDANT PROFESS TO CHANGE HIS MIND OR WITHDRAW HIS CONSENT.
FOR THE ALONE STATED REASONS, THE STATE HAS MET IT'S BURDEN OF PROOF. JACKSON V. DENNO IS SATISFIED.

FURTHER THE COURT SUSTAINS THE STATE'S MOTION IN LIMINE. DURING THE AUTOPSY, THE STATE MEDICAL EXAMINER FOUND THE PRESENCE OF CANNABINOIDS IN THE FEMORAL BLOOD SAMPLE OF THE DECEASED VICTIM.
THE COURT IS AWARE THAT CANNABINOIDS STAY IN A PERSON'S BLOOD STREAM UP TO NINETY DAYS. THERE IS NO EVIDENCE OR ANY WAY TO KNOW WHEN THE VICTIM INGESTED THE DRUG. THERE WAS NO EVIDENCE OF ANY ERRADIC DRIVING OR WRONGDOING ON THE PART OF THE VICTIM. THIS EVIDENCE WOULD BE MUCH MORE PREJUDICIAL THAN PROBABTIVE. THE REMAINDER OF THE STATE'S MOTION IN LIMINE IS SUSTAINED BY AGREEMENT.
FURTHER, THE COURT SUSTAINS THE STATE'S SECOND MOTION IN LIMINE. TROOPER HELLUMS, THE SUPERVISOR ON THE SCENE OF THIS CRASH IN 2022 WAS ARRESTED FOR D.U.I. AND CHARGED IN OKLAHOMA CITY MUNICIPAL COURT. THE ARREST CAME WELL AFTER THIS CRIME WAS COMITTED.
THIS EVIDENCE HAS NOTHING TO DO WITH THE WITNESS' PROPENSITY TO BE HONEST OR FORTHCOMING.
THE WITNESS DID NOT RECEIVE A CONVICTION. FINALLY, THE EVIDENCE IS MORE PREJUDICED THAN PROBATIVE.
AS THE DEFENDANT'S MOTION TO COMPEL DISCOVERY THE MOTION IS SUSTAINED TO AN EXTENT. THE COURT ORDERED THE STATE TO COOPERATE WITH DEFENSE COUNSEL AND TO PRODUCE ANY AND ALL EVIDENCE REQUESTED IF SUCH EVIDENCE ACTUALLY EXISTS.

SUBPOENA ISSUED BACK TO ATTORNEY FOR SERVICE ON TROOPER VERNON BRAKE

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SUBPOENA RETURNED FROM LOGAN COUNTY DISTRICT ATTORNEY SERVED PAUL MARTIN 8/8/25 BY EMAIL

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JUDGE DUEL/TR-THE STATE APPEARS BY KAREN DIXON AND SARAH CONLEY, ASSISTANT DISTRICT ATTORNEYS. THE DEFENDANT APPEARS IN PERSON AND WITH COUNSEL ROYCE HOBBS.
VIOR DIRE CONTINUED AND JURY SEATED. OPENING STATEMENTS BY COUNSEL. WITNESSES SWORN AND TESTIFIED.

SUBPOENA OUT OF COUNTY RETURNED FROM LOGAN COUNTY SHERIFF UNSERVED ON CHRISTOPHER EASLEY 8/7/25

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JUDGE DUEL/TR-THE STATE APPEARS BY KAREN DIXON AND SARAH CONLEY, ASSISTANT DISTRICT ATTORNEYS. THE DEFENDANT APPEARS IN PERSON AND WITH COUNSEL ROYCE HOBBS.WITNESSES SWORN AND TESTIFIED.

JUDGE DUEL/TR-THE STATE APPEARS BY KAREN DIXON AND SARAH CONLEY, ASSISTANT DISTRICT ATTORNEYS. THE DEFENDANT APPEARS IN PERSON AND WITH COUNSEL ROYCE HOBBS.
WITNESSES SWORN AND TESTIFIED. CLOSING ARGUMENTS WERE HEARD. THE JURY WAS SENT TO DELIBERATE AT 4:00 P.M. THE JURY ANNOUNCED THEY HAD A VERDICT AT 7:16 P.M. THE DEFENDANT WAS FOUND GUILTY OF MANSLAUGHTER IN THE FIRST DEGREE-FAILURE TO DEVOTE FULL TIME AND ATTENTION.
THE STATE PRESENTED A JUDGMENT AND SENTENCE FROM PAYNE COUNTY CASE CF-2006-410. THE STATE AND THE DEFENDANT PRESENT ARGUMENT AS TO SENTENCING. THE JURY IS RETURNED TO THE JURY ROOM TO DELIBERATE SENTENCING. THE JURY RETURNS WITH A RECOMMENDATION THE DEFENDANT BE SENTENCED TO TWENTY (20) YEARS IN THE DEPARTMENT OF CORRECTIONS.
THE COURT SETS THIS CASE TO OCTOBER 3, 2025 AT 9:00 A.M. FOR FORMAL SENTENCING. THE DEFENDANT IS REMANDED TO THE CUSTODY OF THE SHERIFF.

INSTRUCTIONS TO JURY AFTER EVIDENCE

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VERDICT (SECOND STAGE)

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JURY AND WITNESS LIST

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QUESTION FROM THE JURY

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QUESTION FROM THE JURY

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JUDGE DUEL/R- STATE APPEARS BY SARAH CONLEY AND KAREN DIXON, ASSISTANT DISTRICT ATTORNEY. DEFENDANT APPEARS WITH ATTORNEY ROYCE HOBBS. CASE COMES ON FOR FORMAL SENTENCING. STATE READS VICTIM IMPACT STATEMENTS. THE DEFENDANT IS ORDERED TO 20 (20) YEARS IN THE DEPARTMENT OF CORRECTIONS AND COURT COSTS.

BOND INITIAL FILING JAIL FUND FEE

DISTRICT COURT ADMINISTRATIVE FEE ON $25 COLLECTIONS

COURT COSTS ON FELONY

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND

MEDICAL EXPENSE LIABILITY REVOLVING FUND

FORENSIC SCIENCE IMPROVEMENT ASSESSMENT

LAW LIBRARY FEE

C.H.A.B. STATUTORY FEE

VICTIMS COMPENSATION ASSESSMENT (AC12)

DISTRICT COURT ADMINISTRATIVE FEE

LETTER

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LETTER

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LETTER

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LETTER

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LETTER

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ABSTRACT SENT TO D.P.S.

NOTICE OF INTENT TO APPEAL; ORDER DETERMINING INDIGENCY, APPELLATE COUNSEL, PREPARATION OF APPEAL RECORD, AND GRANTING TRIAL COUNSEL'S MOTION TO WITHDRAW; COURT REPORTER'S ACKNOWLEDGMENT; AND NOTIFICATION OF APPROPRIATE APPEALLATE COUNSEL, IF APPOINTED

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JUDGMENT AND SENTENCE

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