Stillwater man found guilty of amended manslaughter charge news stwnewspress.com o goshi technique

"The passion or emotion which must exist in the defendant refers to any strong emotion, such as fear, terror, anger, rage or resentment," the prosecution’s jury instructions read. "This passion or emotion must have existed to such a degree as would naturally affect the ability to reason an(d) render the mind incapable of cool reflection. However, the passion need not have been such as would entirely overcome reason, or be so overpowering as to destroy free exercise of choice.

Keeler’s defense attorney, Cheryl Ramsey, objected to the instruction on manslaughter, citing that although Keeler testified Thursday that he was scared when he shot Clavin, it did not meet the requirements of heat of passion "from beginning to end."

"There is not any evidence whatsoever that Mr. Keeler acted in any way in an emotional state," Ramsey wrote in a filed objection. "His voice and inflections on the 911 call are not any different from his voice and demeanor at the Stillwater Police Station in the two interviews conducted by Greg Miller.

Keeler and Kevin Etherington, the first assistant district attorney in Payne County, went back and forth during cross-examination Friday afternoon. Etherington told Keeler he had testified differently to Ramsey about several topics regarding Clavin’s death that night than what he had told Detective Greg Miller of the Stillwater Police Department. Videos of interviews between Miller and Keeler were shown in court Thursday.

Both Erin Christy, whose house was the site of the shooting, and partygoer Jeremy Keller testified in court Wednesday that Clavin did not have a baseball bat in his hand when he approached Keeler and yelled at him, seeming to provoke him into a fight. Keeler testified Friday the last time he could see Clavin – his pickup truck, which he said is lifted 3 inches, was between him and Clavin – he had the baseball bat, and due to "almost worthless" lighting in the area, he could not tell whether Clavin was approaching him with the bat before deciding to shoot him.

Etherington questioned Keeler as to why he was now testifying differently from how he spoke with Miller the night of and morning after the shooting, and Keeler responded that he has remembered events differently as he has had more time to think about how the night’s events transpired. "We’ll rely on what they (jury) saw (you say in video interviews)," Etherington said.

Ramsey also brought forward witnesses who spoke of Keeler’s character, describing him as "fun, outgoing" and being safe with firearms through his military training, which included time in the Army and the National Guard. She subpoenaed Melvin Baxley, who had two children with Stephanie Farnam and was with her until she broke up and began to date Clavin. Clavin yelled at Farnam, who dated him before she began to date Keeler, and called her "snake in the grass" the night of the shooting once he arrived at the residence on Rogers Drive. "He (Clavin) wanted revenge for the man (Keeler) who stole his loved one," Keller said Wednesday.

Ramsey had Baxley recall two events in which, after he and Farnam had broken up and she began to date Clavin, he got into arguments with Farnam that turned into arguments with Clavin and Clavin making him feel threatened. Baxley said that Clavin once threatened him with a baseball bat in 2014, and told Etherington during cross-examination that at one point he pulled a gun out of his truck and put it in the driver’s seat as he stood near it. But he also said during testimony that both times he had the opportunity to leave the situation, he did.

Previous testimony from law enforcement who responded to the shooting on Aug. 12, 2016, indicated that Keeler claimed Clavin may have had a baseball bat in his hand when he arrived at the residence with a friend – Clavin was not originally invited to the party given his history with Farnam and Keeler, and Keller said a message was sent to a group of people at the party that Clavin was 15 minutes away that night.

Farnam and Keeler prepared to leave, but Keller testified that Keeler made no moves to leave before Clavin arrived or when he did, even when Keller said Farnam told Keeler multiple times "get in the truck" from the siderail of the pickup’s passenger door.

Christy affirmed Keller’s testimony that Clavin handed the bat off to her as a birthday present before he confronted Keeler, and Christy testified she brought the bat into the house. She said news came that Clavin was coming to the party as Farnam and Keller’s then-fiancee and current wife, Santana, were possibly "bickering" due to the fact Farnam had not invited Clavin to the surprise party and that he had more of a right to be there than Farnam did.

Keller testified Keeler shot Clavin multiple times, but never warned him that he had a gun, only telling Clavin to stay away as he came around the front of the pickup toward him. Keller also claimed to have tried to hold Clavin back so Keeler and Farnam could leave, but Clavin "shrugged him off."