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TULSA, Okla.-An Oklahoma sheriff's deputy was in the right place at the right time to who fell out of a car Monday night.said they were working a traffic stop near Pine and Yale in Tulsa when the door to a minivan driving by slid open, and a 2-year-old girl tumbled out onto the street.shows the deputy run into the street to. The girl’s mother pulled over and ran to her daughter.Deputies said there were four other children in the van at the time and only one was properly restrained.The girl’s mother received several traffic tickets but was not arrested. Deputies said they use discretion in these situations and chose to educate and help the mother instead of sending her to jail. They did make a referral to the Department of Human Services to investigate.The child was taken to the hospital by the Emergency Medical Services Authority to be checked out. Deputies said they’re glad they could be there to save her before she got hurt.
The Jacksonville Beach Police Department says it has identified the suspect responsible for a recent attempted sexual battery in the area. WOKV told you last week, when police first asked for help identifying a group of men caught on surveillance video following the reported attack right near City Hall. A spokesperson for the police department told Action News Jax at the time, that the victim “would have been a victim of a sexual battery if she didn’t fight back.” Now, police say based on interviews and evidence collected, they have identified the suspected attacker.
Detectives say with help from the State Attorney's Office, they've been able to obtain an arrest warrant for 25-year-old Darius Dornes for attempted sexual battery. WOKV is working to learn if Dornes has been taken into custody. We're just days away from some of the best travel deals of 2020, according to WOKV's Consumer Warrior Clark Howard. 'It's really going to be the second and third week of January when we're going to see really great deals. Pretty much the 6th through about the 20th, we're going to see deal after deal on airfare, cruises, and other parts of travel,' says Howard. Howard says post-holiday shopping season, the travel industry really has to step up.
'Generally, people are tapped out from the Christmas shopping season, and so the travel industry has to lure people in with deals,' Howard explains. But he says just because you get the deals in January, doesn't mean that's when you have to travel. 'It's just that, usually, as an example, spring travel is much cheaper booked in January, than when you get closer to spring and start trying to book trips,' says Howard. Get more from Clark Howard by listening to his podcast, by clicking HERE.
Emergency care for kids is moving in to one of the fastest growing areas of northeast Florida. Nicole Powers said she would drive any distance to get quality care for her kids. She told Action News Jax that closer is better during an emergency. “When you’re in that situation it’s really scary,” she said. The mom was relieved that crews were putting the finishing touches on the new Wolfson Children’s Emergency Center. The 8,100 square-foot facility is at Baptist Medical Center South on Old St. Augustine Road.
The director of Children’s Emergency Services, Karen Grissinger said, “Children are very specialized creatures. They’re not just little adults. They come with their own unique set of needs.” According to Grissinger, the facility is equipped to handle those needs.
The facility includes 12 exam rooms, iPads to pass the tiem in waiting rooms, and a team of pediatric specialists. “They will have that direct connection with downtown – to have all of that connection is the biggest advantage of opening this here,” Grissinger said. Staff members said it will also mean shorter wait times and less travel time for families in Southern Duval and Northern St. Johns County. 'Actually I’m really, really excited about it, because it’s just 10 minutes from my house,” Powers said. The center is set to open on Monday, Dec. The Clay County Sheriff's Office needs your help keeping kids safe Action News Jax spoke with parents who are worried that Clay County may not be able to fill these positions quickly.
Kim Dumaop’s 9-year-old daughter goes to Oak Leaf Elementary School where there’s usually two crossing guards protecting students as they cross the busy roads. 'It’s not just a few kids crossing, it’s tons of kids crossing so many people around here because they live in this community walk their children to school,' Dumaop said. Thursday night, Clay County Sheriff Daryll Daniels announced on Twitter the county is in need of crossing guards at their elementary, middle and high schools. 'If you know anyone out there that’s looking for part time employment that would love to interact with the children and help to keep them safe then we’d love to have you apply,' Daniels said. All elementary and middle schools are required to have crossing guards.
They help children cross the street just like what you would see here at Oakleaf Junior High, one local parent tells us when the crossing guards aren’t here it becomes a safety issue. “It’s just chaotic.
I’ve seen parents have to jump in to help because people go too fast,” Dumaop said. The Sheriff said he doesn’t want to take any deputies off the street, instead they’ll have to use some of their public service aids or PSA’s to help fill the gap. Right now they have 41 crossing guards and they’re looking to fill 19 positions. Action News Jax told you last year when a 72-year-old crossing guard was a hit by a car in the Oakleaf area by a 16-year-old driver who didn’t see her. Dumaop told me cars go too fast in her neighborhood which is why crossing guards are needed.
She hopes the Sheriff’s Office will be able to hire more soon. 'I certainly do hope that that’s resolved quickly,' she said. Salaries for crossing guards vary from county to county but in Clay County the sheriff’s office paying around $9.60 an hour. For information on how to become a crossing guard in Clay County you can click here.
STATE1988 OK CR 35751 P.2d 742Case Number: F-85-658Decided: Oklahoma Court of Criminal AppealsAn appeal from the District Court of Creek County; Donald D. Thompson, District Judge.Darren Lynn Pickens, appellant, was tried and convicted in the District Court of Creek County of the crime of Robbery With a Firearm in Case No. CRF-84-84 and was sentenced to seven and one-half (7 1/2) years imprisonment, and he appeals. AFFIRMED.David Autry, Asst. Appellate Public Defender, Norman, for appellant.Robert H.
Gen., Tomilou Gentry Liddell, Asst. Gen., Oklahoma City, for appellee.OPINIONBUSSEY, Judge:751 P.2d 743¶1 The appellant, Darren Lynn Pickens, was tried and convicted in the District Court of Creek County of the crime of Robbery. With a Firearm in Case No. CRF-84-84 and was sentenced to seven and one-half (7 1/2) years imprisonment, and he appeals.¶2 On April 20, 1984, a Zip Trip store in Creek County was robbed by two masked men.
Subsequently, on May 2, 1984, a Creek County Deputy, was dispatched to the same store to check a report that a suspicious car had been circling the block. While driving to the Zip Trip store, he heard a radio dispatch from Tulsa County that a robbery of a convenience store had occurred in Sand Springs. The deputy radioed a Sand Springs officer and offered his assistance in pursuing the robbery suspects since he was near the location of the robbery. On his way to that store, he observed a vehicle matching the one reported at the Zip Trip pass him, and further observed that the person in the back seat ducked down and that the person on the passenger side was peeking over the dash. The deputy stopped the vehicle, and the occupants of the vehicle, Carla Ruff, appellant and Maurice Stewart, were interviewed.
After Miranda rights were read to appellant, he waived them, and explained that he participated in the Zip Trip robbery in Creek County. Maurice Stewart also confessed.¶3 For his first assignment of error appellant asserts that he was deprived of his right to a fair trial because the trial court admitted extensive and prejudicial evidence of an unrelated and uncharged offense. The two robberies, the one in Tulsa County and the one at Zip Trip, were very similar.
The two convenience stores were just across the County line, both were robbed by a man wearing the same mask and carrying the same shotgun. We find that the evidence of the Tulsa County robbery was admissible to prove the identity of the perpetrator or a common scheme or plan which embraces the commission of two or more crimes so related to each other that proof of one tends to establish the other. State, 1377 (Okl.Cr. Moreover, the trial court properly instructed the jury concerning the proper application of the other crimes evidence.¶4 The appellant also claims that the State failed to comply with the ten (10) day notice requirement of Burks v. State, (Okl.Cr.
1979) since the State only gave three (3) days formal notice prior to trial that it intended to introduce evidence of other crimes. Normally, the State has a duty to provide notice to a defendant ten (10) days before trial of its intention to introduce evidence of other crimes. State, 19 (Okl.Cr. 'The purpose of this duty is to insure against surprise on the part of the defense and to allow time for the defense to be heard prior to the information being placed before the jury.' However, in this case, since appellant admitted being involved in the Tulsa County robbery, and knew that the State intended to introduce into evidence the same mask and gun used in both robberies, the element of surprise is not present and the purpose behind the notice requirement is not served.
Consequently, this assignment is without merit.¶5 Appellant next alleges that evidentiary harpoons made by Deputy Harrison deprived him of a fair trial. The characteristics of an evidentiary harpoon are: 1)751 P.2d 744 they are generally made by experienced police officers; 2) they are voluntary statements; 3) they are wilfully jabbed rather than inadvertent; 4) they inject information indicating other crimes; 5) they are calculated to prejudicial the defendant; and 6) they are prejudicial to the rights of the defendant on trial. State, 1378-79 (Okl.Cr.
1980).¶6 The statement made by Deputy Harrison was in response to a question asked by the prosecutor.¶7 In his third assignment of error appellant contends that the trial court committed fundamental error in failing to give a cautionary instruction on eyewitness identification. However, since appellant failed to request a cautionary instruction, and since no fundamental error exists, this assignment was waived.
State, (Okl.Cr. 1980).¶8 Appellant's fourth assignment of error is that the prosecutor made four comments concerning appellant's failure to testify.
In all four comments the prosecutor stated that the evidence presented by the State was 'uncontradicted.' This Court has held that 'when no evidence has been offered by the defense on a particular issue, it may be fairly said that the evidence is `undisputed,' `uncontradicted,' or `unrefuted.' State, 230 (Okl.Cr. Accordingly, we find no error.¶9 In his final assignment of error appellant maintains that the cumulative effect of the errors occurring at trial mandates that this case be remanded for a new trial or that the sentence be modified.
We have repeatedly held that where there is no individual error, there can be no error by accumulation. State, 381-82 (Okl.Cr. This assignment is groundless.¶10 The judgment and sentence is AFFIRMED.BRETT, P.J., concurs in results.PARKS, J., dissents.Footnotes:1Q. Did you ask him Mr.
Pickens about any plans or preparations that were made?A. There was sic plans to hit the one on Highway 97 again, earlier that next day or the day before. When they were stopped on May 2nd, they were I was told that they were casing out the one on 97 again, to hit it again.
180-81).PARKS, Judge, dissenting:¶1 I disagree with the majority on the issue of the admissibility of the 'other crime' evidence under the common scheme or plan exception.¶2 Although the appellant was on trial for a robbery which occurred in Creek County, extensive evidence of a Tulsa County robbery was introduced under 12 O.S. 1981 § 2404 12-2404(B). The trial court ruled that this testimony was admissible to prove identity and common scheme or plan. The trial court's ruling limited its admissibility, holding that the 'other crime' evidence was only allowed to the extent required to secure admission of a gun and mask allegedly used in both robberies. However, the trial court allowed five witnesses to testify about the Tulsa County robbery after the gun and mask had been admitted into evidence.¶3 The majority upholds the ruling of the trial court, stating that such evidence falls within the common scheme or plan exception. This Court has repeatedly stated that there must be a visible connection between the crime on trial and the other crime. Roubideaux v.
Oklahoma Deputy Convicted
State, 37 (Okl.Cr. 1985); Atnip v. State, 663 (Okl.Cr. 1977); Roulston v. State, 307 P.2d 861, 868 (Okl.Cr. A common scheme can be shown by a method of operation so distinctive as to demonstrate a common plan. As stated by this Court in Atnip v.