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DAVID AUTRY
saved a client from the death penalty on Tuesday, February 1, 2005 in Oklahoma County. The State sought death against Marcus Cargle, alleging that Cargle and two others killed a couple in their home. Cargle was the alleged shooter of the woman while another accomplice allegedly killed the husband. The State's only eyewitness was an accomplice/jailhouse snitch who testified that he saw Cargle shoot the woman in the head in the living room after her husband was shot by another man. Cargle received death originally in 1994, but was re-tried after the Tenth Circuit reversed. This is a fantastic result for David in a very tough case. I watched some of the testimony, as well as David's closing argument and I can tell you it was dynamite. The State alleged two aggravators--continuing threat and prior conviction for a violent crime. Yes, Mr. Cargle had been convicted previously in an armed home invasion in which he purportedly put a gun to a woman's head and threatened her husband. David presented strong family witnesses and jailers to testify concerning Cargle's behavior while incarcerated and the jury did not find continuing threat, although it did find that he had the violent prior (no defense to that one). David really put the State to the test. Just a few weeks prior to this trial, David co-drafted a masterful brief in response to a writ by the State in COCA in a case in which he and I (and several others others) are co-counsel which goes to show what I have believed for a long time--David Autry is one of the best "all around" lawyers in the state. Great job.
DAVID AUTRY, JOHN W. COYLE, III, MARK HENRICKSEN, MICKEY HOMSEY, GARVIN ISAACS, MICHAEL JOHNSON, AND MICHAEL MCBRIDE, all scored a most improbable win in the Oklahoma Court of Criminal Appeals when the Court declined jurisdiction on the State's writ to review the decision of Judge Vicki Robertson, Oklahoma County, to dismiss with prejudice a racketeering case involving multiple defendants on the basis of a speedy trial claim, which essentially brings the entire litigation to an end as the State has no further avenue to appeal. This is the infamous "Bingo" case which I worked on under John Coyle and is one of the most acrimonious cases I have seen insofar as the animosity between the prosecution staff (three of them) and the defense attorneys, with Garvin being the primary lightning rod and agitator for the defense. This case languished for over two years and never got passed the preliminary hearing. There were three writs in between, a judge change, allegations of judicial impropriety from another other judge, shenanigans involving a State requested continuance, and a shouting match between Garvin and Wes Lane who was not even a prosecutor in the case, but one day came to court with 3/4 of his staff to argue a motion and defend the three assigned prosecutors from incessant defense attacks. Truly a bitterly fought case and most unexpected win on an unlikely ground.
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