Nature of the Case
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Facts
D lived with his mother and younger sister. D and two friends were standing outside his house when the decedent, Vernon Sutton, and another man pulled up to the house, got out of the car, and walked toward them. D noticed that Sutton had one blue eye. A black man with one blue eye had raped his mother years before and been convicted of the crime. D told his mother that the man who had raped her was standing in the yard. D's mother came outside to confront Sutton, who was the convicted rapist who had assaulted her. Sutton provoked D's mother who angrily demanded that he leave. When he refused, D picked up a length of lumber and went toward Sutton. Sutton prepared to fight, but a passing Okmulgee police officer intervened. D's mother explained who Sutton was, the officer made him leave the premises. Sutton smirked at D and his mother and told them he would be back, and that he 'had something' for them. A month later, D received a text from one of his friends, Breylon Griffin, who had been present during the confrontation with Vernon Sutton. Griffin's text told D 'dat nigger's ova here.' D called Jennifer McNac and asked her to give him a ride to that location. She initially refused but then changed her mind. D was already walking toward the location when McNac picked him up. D put the hood of his jacket over his head and covered his face with a bandana. When they reached the house where Vernon Sutton and others were standing, D leaned out and fired three or four shots, fatally striking Sutton in the chest and abdomen. D told police in an interview that he was out of town when the shooting happened. At trial, D admitted the shooting but said he killed Sutton because he was afraid Sutton would come back to harm his family. D was convicted and argues that his conviction for second-degree felony murder violates the merger doctrine or independent crime requirement.
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