OKLAHOMA CITY (AP) - The Oklahoma Court of Criminal Appeals has upheld the manslaughter conviction and 10-year prison sentence of a 38-year-old Lawton man.
Philip Warren Tucker was convicted of shooting John Carder to death in 2012 as Carder walked away from him while pushing a lawnmower down a street.
Tucker claimed self-defense, saying Carder shot at him during an argument and that he went into his home, retrieved a gun, then went outside and fired about a dozen times because he feared Carder might return and harm him or his family. Carder was struck three times.
The court’s Wednesday ruling rejected appeals of insufficient evidence, errors in jury instruction, that statements made after the shooting about killing people in combat should not have been allowed, that the sentence is excessive and ineffective counsel.
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