Murder charges were filed this week against the driver of a truck that overturned Sept. 17 on U.S. Highway 69.
Scott L. Hallett, 41, of Miami, has been charged with second-degree murder in the death of Michael L. Davis, 53, of Commerce, a passenger in Hallett's truck.
District Attorney Eddie Wyant said committing a felony that results in someone's death constitutes a second-degree murder charge.
“Hallett had a blood alcohol content of .18 which is aggravated DUI (driving under the influence) - that is a felony,” Wyant said. “He also has prior felony DUI (charges)”
According to the accident report, Hallett was traveling south, approaching the Wal-Mart entrance, when he ran through a red light and struck the front bumper of a 2001 Lincoln Towncar driven by 72-year-old Loyce Folsom of Commerce.
“Folsom had a green light and Hallett went through the red light, swerved around Folsom's vehicle and overcorrected, losing control of the vehicle,” Miami Police Officer Michael Brahsers said.
“Hallett's vehicle slid sideways and overturned approximately three times before coming to a rest.”
Hallett and Davis were both ejected from the vehicle and a third occupant, Nikie Garrard, 37, of Miami, was pinned in the vehicle for approximately 10 minutes before being extricated.
Alcohol-related deaths in Oklahoma can be punished under various laws. The most common charges are negligent homicide and first-degree manslaughter.
According to state statutes, if someone dies as a result of negligence by a second party, the accused can be charged with negligent homicide.
If a death occurs while someone is in the commission of committing a misdemeanor crime, the accused can be charged with first-degree manslaughter.
Wyant said Hallett is facing 10 years to life in prison, if convicted.