The Law Blog of Oklahoma

Witnesses Say Street Race Led to Pedestrian Death

Friday, June 10, 2016

In late April, a woman crossing an intersection near NW 25th and Pennsylvania was struck and killed by a speeding vehicle. Now, witnesses say that thevehicle that hit the woman was racing with a motorcycle at the time of the accident.

A probable cause affidavit filed in Oklahoma County District Court says that witnesses reported a white Mercedes convertible and a black motorcycle revvingtheir engines at the intersection just prior to the accident. When the light turned green, witnesses say, both vehicles sped off, approaching speedsof approximately 60 miles per hour in a 40 mph zone.

As a woman stepped into the street, the driver of the white Mercedes braked and swerved, but could not avoid the accident. The vehicle struck the woman,dragging her underneath the car. She died at the scene.

The driver of the Mercedes, identified as Nathaniel Pagan, stopped and remained at the scene. On Monday, an Oklahoma County judge issued a warrant forhis arrest. Pagan, 32, of Plano, Texas, is wanted on complaints of negligent homicide and reckless driving.

In Oklahoma, manslaughter is charged as either first degree manslaughter or second degree manslaughter.

First degree manslaughter (21 O.S. 711) is defined as homicide occurringunder one of the following circumstances:

  1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.
  2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide.
  3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.

It is punishable by a minimum of four years in prison.

Second degree manslaughter (21 O.S. 716) is defined as follows:

Every killing of one human being by the act, procurement or culpable negligence of another, which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree.

Second degree manslaughter is punishable by two to four years in prison.

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