The Law Blog of Oklahoma

Murder Charge Dropped Against Teen Who Gave Pills to Mom

Friday, March 25, 2016

On October 25, 2014, a Pryor teen discovered his mother dead of an apparent drug overdose. Within a year, Aaron Jacob "Ajay" McNulty was charged with firstdegree murder in connection with his mother's death. After all, he admitted to police that he had given his mother, Jennifer McNulty, oxycodone thathe had purchased at school.

According to reports, Ajay had purchased pills for his mother in the past. On the morning of her death, he became concerned when he couldn't reach her.He went home to check on her, and discovered her body. Because Ajay was 18, he was considered an adult under the law, and even though he was a highschool student obtaining pills for his addicted mother under her direction, he was charged with her murder according to Oklahoma's felony murder statutesbecause he had given her four oxycodone pills the day before her death.

Because he gave the drugs to his mother, he was also charged with conspiracy to deliver a controlled dangerous substance.

Also indicted for first degree murder and drug conspiracy in Jennifer McNulty's death were five others: Michael Allen Miers, 27; Jennifer Elizabeth McCormack,34; Andrea Roberta Mae Gregoire, 29; Christina Ann Dempsey, 36; and Vito Farvussa, 35. These defendants were charged with felony murder for allegedinvolvement in a drug distribution ring that provided Jennifer with the pills that led to her death.

Now, a Mayes County judge has dismissed the murder and drug conspiracy charges against Ajay McNulty. The judge agreed with the defense that there was insufficientevidence to establish a link between the pills Ajay gave his mother and her subsequent overdose death.

A judge also dismissed the murder charges against the five others indicted in connection with the case. However, Special Judge Rebecca Gore did order thefive to stand trial on the drug conspiracy charges.

It sounds like common sense came to play in the judge's decision to drop the felony murder charges. It seems unreasonable to prosecute a teenage boy formurder when he was acting under the direction of his adult parent whose directions and actions led to her own death.

However, prosecutors are not giving up. They plan to appeal the judge's decision to dismiss the murder charges.

What do you think? Should these defendants be charged with murder for delivering painkillers that ultimately led to a person's overdose death?

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