The Law Blog of Oklahoma

Trucker Charged in Fatal Softball Bus Crash

Tuesday, June 30, 2015

Last September, as a women's softball team from North Central Texas College traveled home from a scrimmage in Bethany, a truck driver became "distractedby something in the cab" of his vehicle and slammed into the team's bus. The collision killed four team members, college students aged 18 to 20 yearsold. Three women died at the scene; a fourth died a short time later at a hospital in Sulphur.

Now, some nine months later, charges have been filed against the driver of the truck that crossed the center line to shear off the side of the bus. RussellStaley, 54, is charged in Murray County with four counts of first degree manslaughter in the deaths of Megan Richardson, 19; Katelynn Woodlee, 18;Jaiden Pelton, 20; and Brooke Deckard, 20.

In Oklahoma, first degree manslaughter is defined as an act of homicide that occurs under one of the following conditions:

  1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.
  2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide.
  3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.

The punishment for a conviction of first degree manslaughter, according to 21 O.S. � 715, isno less than four years in the state penitentiary. Often, a driver who causes a fatal accident while under the influence of alcohol or drugs willbe charged with first degree manslaughter, since a first offense of DUI is a misdemeanor. However, a second DUI is a felony, so a driver with a previousDUI conviction who causes a fatal accident while impaired by drugs or alcohol may be charged with second degree murder.

The defendant in this case has not been charged with DUI or related crimes, but lawsuitsfiled after the accident claim that he was intoxicated at the time of the crash, and some reports indicate that a marijuana pipe was found in the cabof the truck.

A preliminary hearing conference for the defendant is scheduled for July 15.

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