Wagoner County Jury Term Results In Five Guilty Verdicts
November 7, 2014

Prosecutorial District 27 – Wagoner, Cherokee, Adair, Sequoyah Counties. District Attorney Brian Kuester announced the verdicts returned by Wagoner County juries during the two week period beginning October 20, 2014. Five cases were tried during that time period, which will be the last period in 2014 that judges will summons jurors into the county courthouses in District 27. Each year there are usually six weeks in each of the District 27 counties during which there are jurors available to hear cases.

                Richard Ray Roth, age 35, was found guilty of 1st Degree Manslaughter and Leaving the Scene of a Fatality Accident in Case No. CF-2013-592. The jury recommended a sentence of 19 years for Manslaughter and one year for Leaving the Scene. Roth was charged on November 15, 2013 after a car he was driving on November 8, 2013 struck and killed an 11 year old boy. Roth was found to be driving under the influence of alcohol at the time. “I am pleased with the jury’s verdict. It will protect the public from future harm by the defendant and it will hopefully allow the family of the victim to have some sense of closure,” District Attorney Kuester said. The Wagoner Police Department investigated the fatality accident. Sentencing before Judge Darrell Shepherd will take place on December 5, 2014 at 9:00 a.m.

                Zachary Cobb, age 30, was found guilty of Child Abuse in Case No. CF-2012-244. Cobb was charged on June 18, 2012 following an investigation by the Wagoner County Sheriff’s Office. The investigation was initiated by Deputies on May 22, 2012 when the victim, a 5-month old baby, was taken to the Wagoner Community Hospital because he was not breathing. It was discovered that the baby had head trauma. The investigation revealed that the baby sustained injuries when Cobb violently shook him. Kuester said, “The jury found Cobb guilty of child abuse and recommended a sentence of 30 years.  Sadly, this baby will likely never have a normal life because of the injuries that Cobb inflicted on him. But justice has been served.” Sentencing for Cobb will be on December 3, 2014 at 2:00 p.m. before Judge Dennis Shook.

                Robert E. Caine, age 69, was charged on May 6, 2013 in Case No. CF-2013-206 following an investigation by the Catoosa Police Department into complaints that Caine had inappropriately touched three children, ages 10, 5, and 3 years old. Caine was charged with three counts of Lewd Molestation and the jury returned a guilty verdict, recommending a sentence of 35 years on each count. “Although no verdict will take away the memories that have been forced upon these children, I hope that knowing that he will not ever be able to touch them again will give them some sense of peace and allow the healing process to begin,” Kuester said.  Sentencing will take place on December 5, 2014 at 10:30 a.m. before Judge Darrell Shepherd.

                Herbert Lee Robinson, Jr., age 47, was charged with Domestic Abuse with a Prior Pattern of Physical Abuse, in Case No. CF-2013-507, for acts of abuse against his girlfriend during the time period from March 1, 2013 to July 21, 2013. The Broken Arrow Police Department was the investigating agency. The jury found Robinson guilty of Domestic Assault and Battery and recommended a sentence of 1 year and a $5,000 fine. Kuester said that this may be the first time that an Oklahoma jury has had an opportunity to hear a case brought under the relatively new statute allowing multiple acts of domestic battery to be filed as one felony charge as opposed to multiple misdemeanor charges. “I am thankful that the Oklahoma legislature gave us this new statute as we continue our fight against domestic violence,” Kuester added.  Sentencing is scheduled for November 6, 2014 at 3:00 p.m. before Judge Dennis Shook.

                Mitchell Dean Baucom, age 52, was charged on September 11, 2013 with one misdemeanor charge of Domestic Abuse in Case No. CM-2013-444. This case was filed following an investigation by the Wagoner County Sheriff’s Office. The jury found Baucom guilty of assaulting and battering a family member and they recommended a sentence of 30 days in the county jail and a $1,000 fine.  Baucom is scheduled to be sentenced by Judge Douglas Kirkley on November 13, 2014 at 9:00 a.m.

                Kuester summarized the two week period by saying, “This jury term has been a success because of the hard work of many different agencies. The prosecutors in this office were able to exceptionally and professionally present their cases to the juries because of the professional and thorough investigations presented by the law enforcement agencies that investigated the criminal acts. The Wagoner County Sheriff’s Office, the Wagoner Police Department, the Broken Arrow Police Department, the Catoosa Police Department, the Oklahoma Highway Patrol, and the OSBI all contributed to the justice that was delivered. I am also very thankful to the dozens of jurors that dedicated their time and attention to what was in most of these cases very heart-wrenching, difficult evidence to hear and see.”

                Brian Kuester is the District Attorney for Oklahoma Prosecutorial District 27, which serves Adair, Cherokee, Sequoyah and Wagoner Counties.


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