Why man who killed suspects father wasn't charged with murder

Krmg inquired as to why the man who killed Jacob England's father wasn't charged with murder.  Tulsa Prosecutor Tim Harris issued this press release in response to numerous media inquires.

Press Release from Tulsa District Attorney Tim Harris:

Jacob Carl England and Alvin Lee Watts are jailed and held on bonds totaling $9,160,000 dollars bond for a shooting spree on Good Friday that left three people dead and two injured. The judge set bond at $3 million for each of three murder allegations, $75,000 for the two shooting with intent to kill allegations and $10,000 for possession of a firearm in commission of a felony.

The men have not been formally charged with any crime at this point, as police are continuing to investigate the crimes and interview witnesses. When the investigation is finished, police will forward a report to the Tulsa County District Attorney’s office for review and a determination of formal charges. That likely will take place sometime next week, but no charges will be filed until the investigation and review is complete.

"This is the highest priority of any cases in the Tulsa County District Attorney's office and we'll look at it, but we won't make a decision until we're sure we've vetted all the facts and evidence law enforcement has been able to uncover," said Tulsa County District Attorney Tim Harris.

Oklahoma does have a hate crime law, it is a misdemeanor. If the evidence supports that charge, Harris said he will file it.

Under Oklahoma law, the U.S. Constitution, and due process of these laws, the men are presumed innocent until found guilty beyond a reasonable doubt in court.

In response to questions about the decision-making in the April 5, 2010 shooting death of Jacob England’s father, Carl England:

The Tulsa County District Attorney’s office ruled the April 5, 2010 shooting death of Carl England justifiable homicide and declined to file homicide charges against Pernell Demond Jefferson. Jefferson was charged in that case with Attempted First Degree Burglary and Possession of a Firearm after Former Conviction of a Felony. He is facing a jury trial on these felony charges set on May 7, 2012.

Since Jefferson is set for a jury trial on May 7, 2012, the District Attorney’s office will not make any extra judicial statements concerning the facts and evidence in the case. To make public comments prior to trial would be an ethical violation as it would potentially hamper Jefferson’s ability to get a fair trial.

Shortly after the shooting death of Carl England, the Tulsa County District Attorney’s office declined to file homicide charges against Jefferson. Based on the reports presented by the Tulsa Police Department, the DA’s Office found Jefferson’s actions to be justified under Oklahoma law: 21 O.S. 1991, sec 733.

Section 733 is defined by a uniform jury instruction in Oklahoma. Such an instruction is used in the analysis of whether someone is justified in using deadly force under Oklahoma law.

“A person is justified in using deadly force [under Oklahoma law] in self-defense if that person reasonably believed that use of deadly force was necessary to protect himself/herself from imminent danger of death or great bodily harm. Self-defense is a defense although the danger to life or personal security may not have been real, if a reasonable person, in the circumstances and from the viewpoint of the defendant would reasonably have believed that he/she was in imminent danger of death or great bodily harm.”

Jefferson was on probation at the time he was charged with the burglary and firearm charges. On May 27, 2010, a judge revoked his probation in CF-07-6541, for feloniously pointing a firearm and domestic assault and battery in presences of a minor child and sentenced him to six years in prison. That time will be in addition to any prison sentence he may receive in his upcoming trial, if he is found guilty beyond a reasonable doubt.