766 P.2d 351 (Okla.Crim.App. 1988), J-88-276, A.M.H. v. State

Docket Nº:J-88-276.
Citation:766 P.2d 351
Party Name:A.M.H., Appellant, v. STATE of Oklahoma, Appellee.
Case Date:November 18, 1988
Court:Court of Appeals of Oklahoma, Court of Criminal Appeals of Oklahoma
 
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Page 351

766 P.2d 351 (Okla.Crim.App. 1988)

A.M.H., Appellant,

v.

STATE of Oklahoma, Appellee.

No. J-88-276.

Court of Criminal Appeals of Oklahoma.

November 18, 1988.

Page 352

An Appeal from the District Court of Delaware County; Martha Sue Thompson, Special District Judge.

Appellant, A.M.H., was charged in Delaware County District Court, Case No. CRF-87-187, for the offense of first degree murder. After a preliminary examination including a prosecutive merit hearing in which appellant's motion to certify him to the Juvenile Division of the Court was denied, appellant was bound over to stand trial as an adult. JUDGMENT OF MAGISTRATE DENYING A MOTION TO CERTIFY appellant as a juvenile is AFFIRMED.

Terry J. Hull, Asst. Appellate Public Defender, Norman, for appellant.

Bobby C. Ramsey, Robert C. Jenkins, Asst. Dist. Attys., Jay, for appellee.

OPINION

BRETT, Presiding Judge:

Appellant, A.M.H., age 16 years, was charged with the offense of First Degree Murder in Delaware County, Oklahoma, under the reverse certification statute, in CRF-87-187. He filed a motion for certification to the Juvenile Division of the Court under 10 O.S.Supp.1986, § 1104.2. Appellant's motion was denied and he appeals.

Appellant was apprehended in Bristow, Oklahoma, and was thought to be a runaway child. The Bristow Police notified Sheriff Hughes of Delaware County. He and Deputy Carl Sloan went to Bristow on November 17, 1987, and returned A.M.H. to Delaware County. At the time, appellant was not a suspect in the homicide discovered on November 6, 1987.

On November 18, appellant's mother was present when the authorities began to interrogate A.M.H. concerning any knowledge he might possess relative to the death of his seventy-eight year old grandmother, Florence Downing. The deceased's body was found in her trailer house on November 6, 1987. She had been shot by a 16 gauge shotgun at close range. The autopsy report revealed that her death resulted from a gun shot wound to the left chest, resulting in trauma to vital organs and hemorrhaging. No gunpowder residue was present around the wound or within the wound track. Dr. Merchant testified that death, while not immediate, was very rapid.

Several officers were present during the initial interrogation of appellant. On November 19, 1987, O.S.B.I. Agent Thurman entered the picture. Since little progress was being made with the interrogation, sometime between 10:30 and 11:30 a.m., Agent Thurman suggested that everyone

Page 353

leave the room, except appellant and himself. He testified that "I told [A.M.H.] that he was not being truthful with Law Enforcement Officers and that he knew more about the death of Florence Downing and I thought that he was involved, and that it was a burden for him to be carrying--being involved in it and it was time for him to be truthful with Law Enforcement Officers." (PH Tr. I, p. 29) His continued testimony was along the same lines, with some embellishment. But, he insisted that he did not question appellant, but only visited with him. He also advised appellant that should he decide to tell more, his mother would be present. He related that the young man decided to confess, and his mother was called back into the room.

During the time appellant made his confession, Agent Thurman, appellant's mother...

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