Attorney argues murder defendant wrongly convicted

“At no point was there any evidence of Mr. Rangel being a seller, therefore, the conviction of distribution is faulty since he was a buyer and not a seller. And as that is not valid law, keeping him incarcerated in the county jail under an illegal charge is tantamount to false imprisonment.”

Defense attorney Joi Miskel

A Tecumseh man is asking a judge to vacate his February murder conviction because the state of Oklahoma "erroneously charged" him in a fatal shooting that occurred nearly eight years ago.

Oklahoma County jurors found Anthony Coldiron Rangel guilty of felony murder during the commission of a drug deal.

They recommended a sentence of life in prison with the possibility of parole.

A person can be charged with "felony murder" if a death occurs during certain felony crimes. In Coldiron Rangel's case, the underlying felony was distribution of a controlled dangerous substance.

Coldiron- Rangel, 25, and four others were charged with first-degree murder in the death of Cody Davis, 21, on Nov. 5, 2012. Davis' girlfriend at the time of his death told investigators that he went to meet someone to sell about seven ounces of marijuana.

Defense attorney Joi Miskel argued Thursday that her client was wrongfully charged. Miskel cited a June 25 ruling by the Oklahoma Court of Criminal Appeals that found the distribution of a controlled dangerous substance "is not a delineated basis for felony murder when the defendant is a buyer and not a seller."

"At no point was there any evidence of Mr. Rangel being a seller, therefore, the conviction of distribution is faulty since he was a buyer and not a seller," Miskel told the judge. "And as that is not valid law, keeping him incarcerated in the county jail under an illegal charge is tantamount to false imprisonment."

Miskel told Oklahoma County District Judge Natalie Mai that her client should be released immediately "because the law is no longer valid." The attorney suggested he wear an ankle monitor or be placed on house arrest until his case can be discussed further.

He was never formally sentenced.

"Anything is better than being over there at the Oklahoma County jail," Miskel said.

Assistant District Attorney Adam Kallsnick said Coldiron Rangel is not entitled to bail while his case is on appeal, adding "I think this court is without authority to release him at this point."

Mai denied the motion for release.

The judge will hear motions to dismiss the case and set aside the jury verdict sometime next week.