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

[Nova]

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

That makes a lot of sense, Salem. I won't be surprised if that is what the prosecution tries to argue.

For me, personally, I think it's a stretch, but I don't live in Oklahoma and I certainly don't sit on the bench.

 

[Salem]

Bolding by me. Here's another portion - this is section 21-652:

C. Any person who commits any assault and battery upon another, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, by means of any deadly weapon, or by such other means or force as is likely to produce death, or in any manner attempts to kill another, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, or in resisting the execution of any legal process, shall upon conviction be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding life.

Section 21-692 Homicide
§21‑692. Homicide classified.
Homicide is either:
1. Murder;
2. Manslaughter;
3. Excusable homicide; or,
4. Justifiable homicide.

§21‑695. Confidential or domestic relation may be considered.
Whenever the grade or punishment of homicide is made to depend upon its having been committed under circumstances evincing a depraved mind or unusual cruelty, or in a cruel manner, the jury may take into consideration the fact that any domestic or confidential relation existed between the accused and the person killed, in determining the moral quality of the acts proved.
§21-701.7. Murder in the first degree.
A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.
B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances, or trafficking in illegal drugs.


The site is a bit cumbersome to use and it takes a bit of wading through it. I don't find a "felony murder rule" here though. Instead of saying "during the commission of a felony," the statute spells out what crimes would lead to murder 1.

Here's the link if anyone wants to take a look. I'm sure there is a better site somewhere http://www.oklegislature.gov/osstatuestitle.html

Salem

 

[LadyL]

right, she's out on bond & coincidentally, someone is attempting to delete her internet presence ... (youtube, facebook gone)

shouldn't she be focused on grieving the loss of her baby's father?

 

[Truthful Lies]

Oh my. Geeze - hope she has the baby while she's out so he/she doesn't have to endure more stress, etc. Oh boy =(

 

[Nova]

Bolding by me. Here's another portion - this is section 21-652:

C. Any person who commits any assault and battery upon another, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, by means of any deadly weapon, or by such other means or force as is likely to produce death, or in any manner attempts to kill another, including an unborn child as defined in Section 1-730 of Title 63 of the Oklahoma Statutes, or in resisting the execution of any legal process, shall upon conviction be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding life.

Section 21-692 Homicide
§21‑692. Homicide classified.
Homicide is either:
1. Murder;
2. Manslaughter;
3. Excusable homicide; or,
4. Justifiable homicide.

§21‑695. Confidential or domestic relation may be considered.
Whenever the grade or punishment of homicide is made to depend upon its having been committed under circumstances evincing a depraved mind or unusual cruelty, or in a cruel manner, the jury may take into consideration the fact that any domestic or confidential relation existed between the accused and the person killed, in determining the moral quality of the acts proved.
§21-701.7. Murder in the first degree.
A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.
B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances, or trafficking in illegal drugs.


The site is a bit cumbersome to use and it takes a bit of wading through it. I don't find a "felony murder rule" here though. Instead of saying "during the commission of a felony," the statute spells out what crimes would lead to murder 1.

Here's the link if anyone wants to take a look. I'm sure there is a better site somewhere http://www.oklegislature.gov/osstatuestitle.html

Salem

Salem,

I think 21-701.7B is your "felony murder" statute; instead of using that phrase, it lists the various felonies that apply by name.

And this site details case law that says the underlying felony in felony murder MUST be a separate act and specifically details a case where an assault was deemed NOT a separate act and therefore not sufficient to make a killing felony murder.

http://www.okcca.net/online/oujis/oujisrvr.jsp?oc=OUJI-CR 4-93

 

[wfgodot]

According to the 'comments' section of one of the local media articles, her stepfather is one of the leading breast augmentation specialists in Tulsa. If so no wonder she made the $$$ bond.

http://209.184.242.1/specialproject...rticleid=20110608_11_A9_CUTLIN788041&allcom=1

 

[Nova]

Well, assault can't be the underlying felony in a "felony murder" charge and I can't find anything that sets a special penalty for a murder resulting from domestic violence.

Most of the accounts quote the police saying the victim fell after a "brief" altercation. While premeditation can be "brief" in theory, that isn't usually the word police use for a premeditated murder.

I wonder if drugs were involved? The woman was first charged with 2nd degree murder and then the charge was increased to 1st degree "after further investigation." Possession of drugs would serve as a "separate" underlying felony (for example if the man and woman had been fighting over her drug usage).

 

[Filly]

This poor young man just graduated from Basic Training last August.

23 years old. Nice looking young man too.



http://www.bmtgrad.info/HOMETOWNNEWS/?p=49844


His FB shows the couple posing on a bench. Ya just never know.

 

[wfgodot]

I'm still having trouble reckoning how the young woman managed this; basing my guesstimate on the wedding video (since removed), he was about six inches taller (she's 5'05"). He's in the Air Force. Four years older. And she's eight months pregnant. It's been awhile but I've been in the University Club Tower (auntie of friends lived there), and being hurled out of one of those windows - I don't think these windows open, and they're not flimsy - would have taken some doing. A full head of steam would have been required, as they say. The positioning would have to be just right.

o/t a little but this is a weird looking building; Tulsa doesn't have many tall buildings anyways, and this thing's round

 

[sleuthinginca]

I think from now on I will not be leaning against any high rise windows anytime soon... nor will I be letting my kids horse play around them either.

I am sure you guys have seen this in the "up to the minute" forum.
Women fall from hotel window, one dies. - Websleuths Crime Sleuthing Community

Suposedly these girls were just playing around/hugging while leaning on the window and out they both went. Very sad!

I am thinking this case between Josh and Amber probably involved shoving. I truely doubt it was an intentional push out of the window. The 1st degree murder charge has me confused a little. I am sure we would have heard if he had a gunshot or stab wound. Also... I guess if she confessed to purposely pushing him out... would explain the charge.

O.T. My little sister has been involved in a volatile relationship for years now. My sister often gets injured after one of their blow up fights. Each time she has gotten hurt... it has always been because she will not let him walk away and leave the situation. My sister has held on to a car door as he was trying to leave. Another time, jumping on the car hood. Once, her husband pushed her into a screen door while he was trying to leave and she pulling on him and blocking him from leaving. Most of these thing happen while myself or members of my family are there to witness it all. They have been to therapists/anger management classes. They love eachother and don't want to split up. It drive me crazy cuz I know it is just a matter of time before someone gets seriously hurt. She is one of my biggest worries in life! ((They have no kids thankfully.))

 

[wfgodot]

Tulsa Woman Arrested In Husband's Murder Claims He Abused Her (newson6.com)

---
Joshua Hilberling filed a restraining order against his wife for physical abuse at one point, but Amber Hilberling's attorney said Joshua was the real aggressor.
---
"Without getting into specifics, there is a long history of this man, a 6'4", 220 pound college football player abusing this young woman, including throughout her entire pregnancy," [Jasen Corns, Amber Hilberling's attorney] said.
---
"Physical abuse with witnesses, with photographs and documentary evidence that we have supporting it."
---
"This is a 5'5", pregnant teenage girl and it's kind of preposterous to listen to some of the things that are being said right now about how she can be an aggressor against a 6'4", 220 pounder," he said.
---

more at link above

 

[scapa]

^^^

Sigh. Saw this one coming. I know too little about the stats for spousal abuse perpetrated against men by women to make a call in this case, but I wonder how stable our biases are in thinking through a possible pattern of serious abuse committed by a small (and pregnant) woman against a large (and well-trained) man.

What do people think? How difficult does this case seem for a prosecutor? The only way I can think she got him out that window is if she had the advantage of total surprise -- then his size and weight might have worked against him, no? Otherwise, in an all-out struggle scenario, I can see him being bumped up against but never through the window. Unless, of course, he was already unconscious; for example, hit in the head with an object. Maybe a lamp, as he claimed he was in that police report alleging abuse at her hands.

s

 

[wfgodot]

Just to give some sense of the inner makings of a room at University Club Tower (besides mine, which is a memory of 30 years ago), I borrowed this part of a comment beneath a Tulsa World story linked below. I make no claim for the accuracy but the poster says he lives there:

NatMac The windows in this building are single pane glass and the sill is about two feet off the floor. If she got a running start and something was in front of the window it wouldn't be that difficult. All it would take if falling toward it hard and then your legs would be out from under you as you went out. The vertical blinds were whipping in the wind this morning as I looked out and they were shredded. He must have tried to hold on to them.

http://209.184.242.1/specialproject...tid=450&articleid=20110609_11_A9_CUTLIN607630

 

[wfgodot]

a British tabloid take on matters:

Pregnant newlywed woman 'pushed her Air Force husband to death from 17th floor window' (Daily Mail)

A heavily pregnant newlywed woman killed her Air Force husband by pushing him out of a 17th floor window, it has been reported.

Joshua Hilberling, 23, from Tulsa, Oklahoma, had allegedly packed his bags and told his wife he was leaving her after less than a year of marriage on Tuesday when she viciously pounced.
---

more at Daily Mail link above

 

[wfgodot]

Tulsa County prosecutors want a judge to strengthen bond conditions for a woman who is free on $250,000 bond on a murder complaint linked to her husband's death in a 17-story fall in Tulsa.

A motion filed Thursday by Assistant District Attorney Michelle Keely requests that Amber Michelle Hilberling, 19, be required to wear an ankle monitor and surrender any passport she owns "while the murder investigation is being conducted."
---

Stricter bond conditions sought for wife of man who fell to his death (Tulsa World)

 

[songline]

a British tabloid take on matters:

Pregnant newlywed woman 'pushed her Air Force husband to death from 17th floor window' (Daily Mail)

more at Daily Mail link above

Sad story, I guess that if there is abuse, the only safe way to GO is discreetly, so that it does not plug in the abuser.
Handsome guy, sad story.

I hope she is not allowed to keep the baby, I hope his family gets the child.
Sadly, I am concerned about her case because I think daddy may have lots of money and I do not trust any case where one side has a lot of money.

 

[SuziQ]

So the protective order was dropped from the earlier incident, IIRC, husband had to have 21 staples to close the wound. Were there any pending criminal charges from that?

 

[wfgodot]

911 tape released in homicide of man who fell from apartment building (Tulsa World)
Extremely matter-of-fact 911 call from bystander who first says he saw a man "jump" out of the window.

 

[jjenny]

^^^

Sigh. Saw this one coming. I know too little about the stats for spousal abuse perpetrated against men by women to make a call in this case, but I wonder how stable our biases are in thinking through a possible pattern of serious abuse committed by a small (and pregnant) woman against a large (and well-trained) man.
...

Yep. If it was a man alleged to have pushed his wife out of the window, I don't think we'd see posts suggesting that charges are too much. Would we?

 

[Jacobi]

Yep. If it was a man alleged to have pushed his wife out of the window, I don't think we'd see posts suggesting that charges are too much. Would we?

Depends. Is the man seven months pregnant and the wife 2 meters tall, weighing 100 kg?