A Lawton man is facing second degree murder charge or in the alternative first degree manslaughter charge after he shot and killed a man, who had taken off in his car outside a home with his friend hanging out of the car’s window.
The charge was filed on Monday against Richard Hutchins III, 24, inside the Logan County Courthouse on the incident that occurred on Dec. 22, 2012 at 401 S. Oklahoma Street in Langston.
The incident resulted in the death of Michael Duane Milton. He was 50 years old.
According to the probable cause affidavit, a witness, interviewed by a Oklahoma State Bureau of Investigation agent, said earlier in the evening Milton was acting abnormal and rambling. The witness said he was wearing only boxer shorts and a t-shirt while carrying an amplifier and a rifle. He later took Milton home.
A second witness stated Milton arrived to her home wearing only underwear and carrying a gun and she immediately phoned her father to inform him.
Just minutes later, Milton arrived to another home, located at 401 S. Oklahoma St. According to the homeowner, whose wife and daughter called to give him warning, Milton came into his house and tackled him before heading outside and jumping into Hutchins’ car, that was parked in the driveway, and attempted to leave.
The homeowner then jumped into the driver’s side window in an attempt to stop Milton and the vehicle. Moments later, Hutchins, who was living with the homeowner, told investigators as the car drove away rapidly, with the homeowner hanging out the window, he reached for his 40 caliber Taurus semi-automatic pistol and told Milton to stop or he was going to shoot.
Hutchins said he ran trying to keep up with the car and fired twice to protect the homeowner by stopping the car. However, Hutchins fired more shots in attempt to again stop the car. The homeowner stated he heard gunshots and was thrown from the car.
The car finally came to a stop a short distance away from the house where Milton was pronounced dead.
According to the possible manslaughter charge, Hutchins perpetrated unnecessarily in resisting an attempt by Milton, who was committing a crime of larceny of a motor vehicle. In the second degree possible murder charge, the charge states Hutchins conducted dangerously what a reasonable person would realize was an immediate and extremely high degree of risk of death to another person and showed reckless disregard of life and safety of another although done without any premeditation.
On Wednesday morning, a warrant was issued for Hutchin’s arrest.
If found guilty on second degree murder charge, Hutchins could be the sentence to 20 years to life in prison, or if found guilty on the lesser charge of first degree manslaughter he could face four years to life. However, some would argue that these sentencings are unfair due to Hutchin’s attempt to save his friend and car. Hutchin would be wise to seek out a lawyer who handles dui manslaughter cases in florida, or Oklahoma in his case, to be rid of the charges and make a life for himself outside of prison. After all, these charges can be seen as more than unjustified.
Related story: Would be thief shot and killed by resident in Langston
Whether I agree or not, this story serves as a perfect illustration of my contention that if it’s not your fight, you’re better off to stay out of it. Furthermore, I’m guessing that when the fellow jumped in the car to stop it from being stolen, he did so at his own peril. I’m not a lawyer, but that’s how I’m reading the DA’s take on this one.
If you are afraid for your friend’s life, I would probably shoot also. There is no way a criminal should have the same rights as a law biding citizen.
I completely agree. I’m always the last person to jump into a fight with anyone for any reason, but fair is fair. If someone’s life is in jeopardy, all bets are off. My problem with the whole thing is there seems to be a double standard dictated by the DA’s own personal feelings or whim. You could argue the question of how far does a victim go protecting him or herself and their property, but it’s really a subjective judgement rendered by someone whose job it is to rack up convictions for the next election and most likely lives in a gated community with private security officers to keep the real world down the street instead of next door.
I had the same scenario for the Oklahoma County DA when a guy tried to force his way into my car and nobody cared one bit. The police didn’t want him because he was hurt after I drug him two miles on the side of my truck and the DA didn’t want him because he didn’t have any left after he got out of jail the previous night. I asked her, “What if I’d have shot him because I was that damn scared for my life (and I was)?” Her reply was, “It would be a good case for self defense”, but at what cost? Would it be $50,000, $100,000, how much? Lawyers are neither cheap or free unless you’re just planning on getting a state lawyer that can do little more than plead guilty for you. The whole thing just doesn’t sit well. You commit a crime and put someone’s life in jeopardy, it should be at your own peril.
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