GUILTY OK - Teen wife charged as Tulsa man plunges 17 stories to death

Discussion in 'Recently Sentenced and Beyond' started by wfgodot, Jun 8, 2011.

  1. wfgodot

    wfgodot Former Member

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    Police: man killed at University Club apartments fell 17 stories, wife arrested (KJRH, with video)

    http://www.ktul.com/story/14862983/fall-from-building-ruled-homicide with booking photo, pictures
    http://www.newson6.com/story/14861173/police-investigating-death-at-tulsa-apartment-complex with booking photo, pictures
     
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  3. Missizzy

    Missizzy New Member

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    That is tragic. And Amber was complaining about area construction on her FB wall on Monday night. Joshua died on Tuesday afternoon. I have to wonder if the woman wasn't slipping into some sort of mental illness or psychosis considering the following statement from the link above:

    "....According to court documents, Joshua Hilberling filed an emergency protective order against his wife on May 10, 2011. That protective order was dismissed two weeks later when the couple didn't show up to court...."

    Rest in peace, Joshua.
     
  4. wfgodot

    wfgodot Former Member

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    Eight months pregnant, according to FB page. Her entries show her to be a bright person. Sad.
     
  5. SugarQueen

    SugarQueen Well-Known Member

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    According to her FB she should be about 8 months pregnant!
     
  6. wfgodot

    wfgodot Former Member

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    Looks like the FB page has been taken down now.
     
  7. amandab

    amandab Well-Known Member

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    Reading his protective order, it looks like he was on the receiving end of an abusive relationship. So sad. :(
     
  8. wfgodot

    wfgodot Former Member

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  9. BrownRice

    BrownRice Well-Known Member

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    According to the booking document, she is being charged with 1st degree murder. That doesn't seem appropriate - maybe manslaughter. Unless there is evidence she specifically pushed him out the window on purpose, but it doesn't seem like it from what I read. More like an accident, but at the hands of her violence.

    Sad situation for all involved.
     
  10. Nova

    Nova Active Member

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    It does seem she has been overcharged. Per this site:

    http://www.oklahomacriminallaw.com/homicide information.htm


    1st degree murder requires:

    I realize "forethought" can be virtually instantaneous, but I wonder how they'll prove that in pushing the husband, she knew and intended for him to go through the window and to his death.

    2nd degree seems easier to prove here:

    Or as BrownRice has already pointed out, one or more degrees of manslaughter might apply.
     
  11. wfgodot

    wfgodot Former Member

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  12. Jacobi

    Jacobi New Member

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    Does the felony-murder rule apply here? Couldn't the wife be charged with first-degree murder if the husband died during the commission of another felony (e.g. battery). Not sure if the merger doctrine also applies.
     
  13. wfgodot

    wfgodot Former Member

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  14. Nova

    Nova Active Member

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    I am NOT a lawyer, but Wiki doesn't show the "merger doctrine" applying to criminal cases, only civil ones.

    I don't think it's possible to kill someone without assaulting him or her, so if assault is included in the "felony murder" concept, then there would no longer be any such thing as manslaughter.

    But again, I am NOT a lawyer. And prosecutors in various jurisdictions have been trying to expand the felony murder concept, I believe.

    I can imagine the prosecution using the prior assaults to argue that the defendant had demonstrated a desire to kill the victim, and hence, the 1st degree murder charge.
     
  15. Jacobi

    Jacobi New Member

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    Though it didn't happen in this case, I was thinking if the man tried to flee a violent domestic situation and ran out and got hit by a car and was killed, if the woman would then be charged with first degree murder? In this case, instead of getting hit by a car, he may have been pushed then tripped and fell out of the window whilst trying to get away from his wife...
     
  16. wfgodot

    wfgodot Former Member

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    ---
    An argument between the couple preceded the man’s fall, [Sgt. Dave] Walker said. The relationship involves prior claims of domestic violence, according to police and court records.

    Walker said each spouse’s family is accusing the unrelated spouse of aggressive domestic violence.

    “It depends on what side of the family you talk to as to who is the more aggressive one,” Walker said.
    ---
    Tulsa World
     
  17. Nova

    Nova Active Member

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    For what it's worth (probably not much), Nancy Grace said something tonight about aggravated assault ending in a death and therefore meeting the "felony murder" threshold. She was talking about Florida, not Oklahoma, and I still don't understand why that doesn't elevate all voluntary manslaughter cases to felony murder, but that's what NG said.
     
  18. Nova

    Nova Active Member

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    Depending on the level of violence, I would expect that to be involuntary manslaughter, but I am NOT a lawyer. My experience with these definitions comes from being a California juror and the definitions vary from state to state.
     
  19. wfgodot

    wfgodot Former Member

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    Tulsa Wife Arrested In Husband's High-Rise Death Out On Bond
    more at newson6.com link above

    The bond was variously reported at being $250,000 and $500,000.
     
  20. Babyslims

    Babyslims New Member

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    I'm shocked she's out already!!!
     
  21. Salem

    Salem Former Member

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    Oklahoma statutes provide that:

    E. Any person convicted of domestic abuse as defined in subsection C of this section that results in great bodily injury to the victim shall be guilty of a felony and punished by imprisonment in the custody of the Department of Corrections for not more than ten (10) years, or by imprisonment in the county jail for not more than one (1) year. The provisions of Section 51.1 of this title shall apply to any second or subsequent conviction of a violation of this subsection.

    I'm thinking this was a felony and maybe that is why Murder 1?

    Salem
     

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