A fatal wrong-way accident along the Turner Turnpike in April has led to second degree murder charges.
The accident occurred near the Luther/Jones exit, where Steven Sherman was allegedly driving the wrong way down the turnpike for several miles before crashinghis vehicle into another car. According to an affidavit in the case, the nearest turnpike on-ramp was almost five miles away from the accident scene,meaning that the wrong-way driver had ample time to correct his error before causing the accident. Additionally, witnesses said that they had drivenby the oncoming vehicle and had to swerve to avoid a collision.
Reports at the time say the force of the accident pinned both Sherman and the driver of the other car in their vehicles, and rescuers had to free the menusing the Jaws of Life. Sherman was transported to a local hospital in good condition following the accident, but the other man was pronounced deadat the scene of the accident.
Responding Oklahoma Highway Patrol troopers said they noticed an odor of alcohol coming from Sherman, and he was arrested on suspicion of DUI. Immediatelyafter the accident, OHP troopers said they expected first degree manslaughter charges to follow.
Now, more than a month after the accident, Sherman, of Plano, Texas, has been charged with second degree murder.
Often, causing a fatal DUI accident is charged as first degree manslaughter, because a first offense of DUI is a misdemeanor in Oklahoma. One of the definingcircumstances of first degree manslaughter is an unintentional homicide that occurs during the commission of a misdemeanor.
Second and subsequent DUI charges are felonies in Oklahoma. For this reason, someone who causes a fatal DUI accident on his or her second or subsequentDUI is charged with second degree murder. One of the defining circumstances of second degree murder is a homicide that occurs during the commissionof a felony other than those which stipulate a first degree murder charge.
First degree manslaughter is punishable by a minimum of four years in prison.
Second degree murder is punishable by 10 years to life in prison.
Read more about Oklahoma DUI laws, or call (405) 608-4990 to schedule a freeconsultation with a criminal defense lawyer.
