Judge Reinstates Manslaughter Charge In Fetus Death
HENRYETTA -- A district judge overturned a previous district court ruling Wednesday and reinstated a manslaughter charge in connection with the death of an unborn child.
Cody James, 17, of Henryetta, is accused of shooting to death his former girlfriend, Rebecca Johnson, 16, who was five to 10 weeks pregnant. Johnson died from a gunshot wound to the chest on July 20.
Sequoyah County Associate District Judge A.J. Henshaw Jr. heard oral arguments Wednesday and ruled the state had met its burden and ordered James to stand trial for the death of the unborn child.
James, who faces a first-degree murder charge in the death of Johnson, was charged April 1 with first-degree manslaughter in the death of an unborn quick child.
Earlier this month, Special Judge Duane Woodliff dismissed the first-degree manslaughter charge because the fetus was not mature enough. He said state law doesn't supply a clear definition of a quick child's stage of development.
Dr. R.F. Distefano, a medical examiner, testified during the preliminary hearing the length of a fetus is the best way to determine age, but Johnson's unborn baby fell apart during testing, Distefano said. He estimated it was less than an inch long and weighed about 2 grams.
Assistant District Attorney Jim Volz appealed Woodliff's ruling. Volz said James could appeal the decision to the Oklahoma Court of Criminal Appeals. His district court arraignment will be set sometime next week, he said.
James is accused of killing Johnson as she sat in her sister-in-law's vehicle. The couple had reportedly broken up. He also faces three charges of assault with intent to kill for allegedly pointing a gun at Tiffany Johnson, Randy Luellen and Rachel Sebree.
James remains in the Okmulgee County jail held in lieu of bail.
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Posted by Editor at May 27, 2005 06:59 AM
