405-778-4800
Criminal Attorney Oklahoma Defense Lawyer Adam R. Banner OKLAHOMA CRIMINAL DEFENSE ATTORNEY AT LAW
This Attorney is Lead Counsel Rated. Click here for more Information.

Judge Refuses to Lessen Sentence in Officer Beating Case

21-Jan-2013

The brutal beating of Officer Chad Peery outside an Oklahoma City bar provoked outrage across the metro area. Officer Peery was left paralyzed in the assault, and the three men accused in the attack were convicted and sentenced to several years in prison. Jimmy Don Smith, 30, Tuttle, and Joshua Rinken, 30, Norman, were accused of each accepted a plea deal and were sentenced to ten years in prison followed by ten years of probation. Rinken was accused of holding Peery in a headlock while Smith punched him. A third man, Cadmio Lopez, 33, of Newcastle, was accused of preventing others from coming to the officer's assistance. Lopez rejected the plea offer but pleaded guilty. Although he never struck Officer Peery, Lopez was sentenced to fifteen years in prison followed by fifteen years of probation, five years greater than the men who physically assaulted Peery but took a plea bargain.

After receiving a greater sentence than his associates, Cadmio Lopez requested that Oklahoma County District Court Judge Kenneth C. Watson reduce his sentence to match the sentences of Smith and Rinken. Judge Watson refused, saying, "I'm not of the mind to change what I've already done," and noting Officer Peery's comments that he feels Lopez is as culpable as the other two men.

Previously, Lopez attempted to withdraw his guilty plea, but the judge denied the withdrawal, and the Oklahoma Court of Criminal Appeals upheld the ruling. Lopez's attorney says that prosecutors are punishing his client because he initially rejected a plea offer and then changed his mind. The words of First Assistant District Attorney Scott Rowland seem to support the defense's claim: "He took his chances and pleaded guilty, was sentenced, and now he wishes he had taken the original offer. It's that simple."

A skillful attorney will counsel clients as to the best course of action in negotiating, accepting, or refusing a plea deal. However, even in cases where a defendant pleads guilty, there may be grounds for the withdrawal of a guilty plea or for appeal of a sentence. A successful appeal does not mean that a person is exonerated of a crime and set free. Rather, there are several possible results of a criminal appeal. The Oklahoma Court of Criminal Appeals may:

  • Reverse a judgment or sentence
  • Modify a judgment or sentence
  • Affirm a judgment or sentence
  • Order a new trial
  • Order re-sentencing

If a case is remanded to trial court, the Court of Appeals will likely provide specific instructions for re-trial or re-sentencing. If the judgment or sentence is affirmed, a defendant may have addition appellate options for post-conviction relief. To find an Oklahoma appellate lawyer to handle your criminal appeal, please visit our website at OklahomaLegalGroup.com/appeals.



All News

More News

Poorly written bill leaves lawsuit loophole; Governor signs anyway
22-May-2017

When drafting legislation, it is imperative that language is clear..

Not Guilty Verdict in Tulsa Police Shooting; Officer's Job Status under Evaluation
19-May-2017

After nine hours of deliberation, a jury returned a verdict o..

Trial Begins in Tulsa Police Shooting Case
08-May-2017

Jury selection begins today in the manslaughter case of Tulsa poli..

Oklahoma Death Penalty Remains on Hiatus
05-May-2017

It has been almost exactly three years since the botched execution..

Oklahoma County Jail Deaths Continue at Record-Breaking Pace
01-May-2017

Last year, the Oklahoma County Jail had a record breaking number o..

Finding Solutions for Mental Illness in Criminal Justice
28-Apr-2017

When it comes to mental health care treatment in the United States..

Catholic Charities Employee Charged with Embezzlement
24-Apr-2017

A Norman woman has been charged with three felony embezzlement cou..

14 Oklahoma Drug Offenders Have Sentences Commuted
17-Apr-2017

Oklahoma Governor Mary Fallin has commuted the sentences of 14 inm..

OKC Man Pleads Guilty to Rape of Child and Murder of Newborn Son
14-Apr-2017

An Oklahoma City man has been sentenced to life plus 20 years in p..

Legislators Pull Felony Drug Possession Bill
10-Apr-2017

When Oklahoma voters filled their ballots in November, they approv..

×