The 1995 murder conviction of Jerry D. Mooney, who brutally beat a 93-year-old man during a robbery, is now under review following a landmark ruling in the Tucker McGee case. This raises questions about sentencing practices for juvenile offenders in Oklahoma and the potential for Mooney’s release.
Mooney, just 16 at the time of the crime, was convicted of murdering Robert Turley in Canute, Oklahoma. Turley succumbed to his injuries six months after the brutal attack, where he was reportedly beaten with a flashlight and a frying pan. Mooney, possibly with an accomplice named Rickey Dawn Fletcher, also stole Turley’s car, keys, and a watch.
A Washita County jury found Mooney guilty of first-degree murder and sentenced him to death. However, this sentence was overturned four years later by the Oklahoma Court of Criminal Appeals due to errors in the sentencing phase. He was then resentenced to life without parole.
This case resurfaces in light of the Tucker McGee case, where McGee’s life without parole sentence for a 2012 murder was overturned due to his age at the time of the crime. McGee, just days shy of his 18th birthday during the murder, was resentenced to life with the possibility of parole. This ruling has created a ripple effect, impacting similar cases like Mooney’s.
District Attorney Angela Marsee has acknowledged the McGee ruling’s implications and confirmed that other cases within her district could be affected. Mooney’s case, now under scrutiny, is one of them.
Mooney’s lawyers have filed for post-conviction relief, arguing that his original life without parole sentence is unconstitutional given his age at the time of the offense. This application is based on evolving legal precedents regarding juvenile sentencing, particularly those emphasizing the potential for rehabilitation.
A hearing regarding Mooney’s case took place on August 23rd in Cordell, Oklahoma, presided over by District Judge Doug Haught. Present were DA Marsee, Assistant District Attorney Brooke Gatlin, and Mooney’s court-appointed attorney, Richard Yohn. A status conference is scheduled for October 25th to further discuss the case. DA Marsee has requested access to Mooney’s Department of Corrections records before considering a resentencing to life with the possibility of parole.
In a brief filed in response to Mooney’s application, ADA Gatlin outlined the original jury’s findings of three aggravating circumstances: the heinous nature of the murder, the intent to avoid arrest, and Mooney’s perceived continuing threat to society. The brief also detailed Mooney’s previous appeals, all of which were unsuccessful until the recent developments related to the Stevens v. State case.
The Stevens case, which established new guidelines for juvenile sentencing, prompted the State of Oklahoma to concede that Mooney might be entitled to post-conviction relief and a resentencing hearing consistent with the Stevens decision.
The upcoming hearing will determine whether Mooney’s sentence will be modified to life with the possibility of parole, potentially leading to his release after serving a significant portion of his sentence. This case highlights the ongoing legal debate surrounding the appropriate punishment for juvenile offenders and the complexities of applying evolving legal standards to past convictions. The outcome will have significant implications for Mooney’s future and could set a precedent for other similar cases in Oklahoma. The October 25th hearing promises to be a pivotal moment in this complex legal battle.
Mooney’s accomplice, Rickey Dawn Fletcher, received a 20-year sentence for robbery and is no longer listed in publicly accessible Oklahoma court records. Both Mooney and Fletcher were residents of Elk City at the time of the crime but were originally from the West Coast.
