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On Friday, April 20, 2012, a jury comprised of six man and six woman deliberated for less than two hours before convicting Jimmy Stone, Antlers, with three counts of Lewd Molestation and recommending that he serve twenty four years in prison. Stone was originally charged with four counts of First Degree Rape and one count of Lewd Molestation in May of 2011.
At the trial, which began Wednesday morning, April 18th, the State of Oklahoma was represented by First Assistant District Attorney Johnny S. Loard and Assistant District Attorney assigned to Pushmataha County, Mark Uptegrove. The defense was represented by Brecken Wagner, McAlester, and Blake Lynch, Wilburton.
During the three day trial, the State called a total of six witnesses. Among those witnesses were the three victims, a Sexual Assault Nurse, an agent with the OSBI who conducted the forensic interview of the children and the mother of two of the victims. The defense called one witness. Based on a pretrial motion from the State, the courtroom was closed to spectators while the child victims testified.
First Assistant District Attorney, Johnny S. Loard, commended the agents with the Oklahoma State Bureau of Investigation, for the thorough investigation. â€śThese types of cases are always difficult. Without their efforts convictions in this case would not have been possible.â€ť
District Attorney Mark Matloff stated he was extremely happy with the Juryâ€™s decision. â€śThis type of verdict continues to show that this Office and the public will not tolerate those who will prey upon our children to satisfy their deviant desires.â€ť
Prior to these charges, Stone has also been previously charged with Assault and Battery, Disturbing the Peace, Unlawful delivery of CDS, Public Drunk, Resisting Arrest and Malicious Injury/ Mischief.
Conviction, according to state statute, is punishable by imprisonment in the State Penitentiary for no less than 1 year and no more that 20 years (per count). Any person who is convicted of a second violation will not be eligible for probation, suspended or deferred sentences. Any person convicted of a third violation can be punished by imprisonment in the State Penitentiary for a term of life or life without parole.