The Oklahoman

Two young murderers to be resentence­d after appeal

- BY NOLAN CLAY Staff Writer nclay@oklahoman.com

Oklahoma’s youngest murderers can no longer be sentenced to life in prison without the possibilit­y of parole unless they are found to be “irreparabl­y corrupt and permanentl­y incorrigib­le.”

A divided Oklahoma Court of Criminal Appeals establishe­d the new restrictio­ns in rulings made Friday in two high-profile murder cases.

The first ruling involved a murderer who was 16 at the time. The second involved a murderer who was 17 at the time. Both must be resentence­d, the appeals court ruled.

In both cases, the appeals court concluded the punishment of life without parole “is constituti­onally infirm” because jurors were

not presented evidence involving “important youth-related considerat­ions.”

In making that conclusion, the appeals court pointed to U.S. Supreme Court decisions against cruel and unusual punishment for juvenile offenders.

The appeals court came up with a new instructio­n to be given to juries in future murder cases involving a defendant who was under age 18 at the time of the crime.

Jurors will be told “no person who committed a crime as a juvenile may be sentenced to life without the possibilit­y of parole unless you find beyond a reasonable doubt the defendant is irreparabl­y corrupt and permanentl­y incorrigib­le.”

A murderer sentenced to a life term, with a chance at parole, is eligible for considerat­ion under current law after spending 38 years and three months in prison.

Motive remains unclear

In the first case, the appeals court ordered a resentenci­ng for Chancey Allen Luna, now 19, of Duncan. He admitted to fatally shooting an Australian jogger in 2013 in Duncan.

A jury in 2015 found Luna guilty, rejecting his attorney’s claim that he only had been trying to scare the jogger. Jurors chose a life term with no parole as punishment.

Stephens County District Attorney Jason Hicks said he will ask a new jury to again choose a life term with no parole.

“While we are disappoint­ed in the decision, we will abide by it and move forward,” Hicks said. “We are confident in our evidence and look forward to once again presenting it to a jury.”

The victim, Christophe­r Lane, 22, was from Melbourne, Australia. He was in Oklahoma on a college baseball scholarshi­p and was in Duncan visiting his girlfriend, Sarah Harper. He was shot in the back just before 3 p.m. Aug. 16, 2013, while jogging along Country Club Road in north Duncan.

The drive-by shooting quickly became known across the country and overseas as a thrill killing after Duncan’s police chief said another teenager, the car’s driver, had revealed their motive was boredom. Prosecutor­s, though, told the jury at the trial they don’t know Luna’s motive.

In the second case, the appeals court ordered a resentenci­ng for Tucker Ryan McGee, now 22, of Weatherfor­d. He fatally shot JaRay Wilson, 16, of Weatherfor­d, after smoking synthetic marijuana with her in October 2012.

A Custer County jury in 2015 found McGee guilty of first-degree murder and chose the punishment of life in prison without parole.

The case was widely publicized because the victim’s body was not discovered for more than a year. One widespread rumor about her disappeara­nce was that she was sold into human traffickin­g. Her photo appeared on Oklahoma billboards.

Custer County District Attorney Angela Marsee said Friday, “At this point, after talking with both the parents of the victim, I expect that we will also proceed in requesting life without parole, again.”

She said McGee is entitled to a jury trial on the issue but he could ask that a judge make the decision alone.

In both cases, the appeals court ruled the resentenci­ng must determine whether the crime reflects a transient immaturity or an irreparabl­e corruption and permanent incorrigib­ility warranting the extreme sanction of life imprisonme­nt without parole.

 ??  ?? Tucker Ryan McGee
Tucker Ryan McGee
 ??  ?? Chancey Allen Luna
Chancey Allen Luna
 ??  ?? Christophe­r Lane
Christophe­r Lane
 ??  ?? JaRay Wilson
JaRay Wilson

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