There are two types of first-degree murder: (1) malice murder; and (2) during the commission of a felony.
“Cigarette butts and fingerprints from an Oklahoma break stop 35 years ago have led a suspect identified in a cold case”: State’s Attorney General.
First-degree homicide charges have been filed against Earl Wilson. Wilson aged 55 have been found accused in a 34-year-old murder case for the death of Paul Aikman in 1985.
First Degree Murder
There are two types of first-degree murder: (1) malice murder; and (2) during the commission of a felony.
Malice Murder (Intentional)
Malice Murder in the first degree is the deliberate, intentional killing of another human being with premeditation or malice aforethought. Malice or intent can be formed in an instant. It does not necessarily require “planning.” Malice can be proven by external circumstances such as words, conduct, demeanour, motive, etc.
The punishment for Oklahoma murder charges in the first degree is death, life in prison without the possibility of parole or life in prison and is an 85% crime – meaning that at least 85% of any punishment must be served before parole.
Felony Murder in the First Degree
A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance.
The punishment range is still death, life in prison without the possibility of parole or life in prison.
“Advances in DNA technology are allowing authorities to take another look at these difficult cases,” Hunter said. “Just because cases go cold doesn’t mean someone shouldn’t be held responsible, even after three decades.”
Court records do not show whether Wilson has retained an attorney. In September 1985, Aikman was stabbed to bereavement at a rest stop on the Turner Turnpike in Lincoln County, the release said. The turnpike connects Oklahoma City and Tulsa, the state’s two largest cities.
The Golden State Killer’s guilty appeal closes a chapter for sufferers left waiting for decades. Oklahoma State Bureau of Investigation agents collected cigarette butts and dormant fingerprints from the crime sight, which allowed investigators to advance a DNA profile of a suspect, but no matches were found at the time.
The case went cold for 33 years. Then last year, a search by OSBI criminalists of the national DNA database CODIS found a potential match to the DNA recovered at the rest stop, the release said. Criminalists then matched the latent fingerprint impression taken at the crime scene to Wilson.
What is CODIS?
The Combined DNA Index System, or CODIS, blends forensic science and computer technology into a tool for linking violent crimes. It enables federal, state, and local forensic laboratories to exchange and compare DNA profiles electronically, thereby linking serial violent crimes to each other and to know offenders. Using the National DNA Index System of CODIS, the National Missing Persons DNA Database also helps identify missing and unidentified individuals[2]. The FBI Laboratory’s CODIS began as a pilot software project in 1990, serving 14 state and local laboratories. The DNA Identification Act of 1994 formalized the FBI’s authority to establish a National DNA Index System (NDIS) for law enforcement purposes. Today, over 190 public law enforcement laboratories participate in NDIS across the United States. Internationally, more than 90 law enforcement laboratories in over 50 countries use the CODIS software for their own database initiatives.
Wilson is currently in an Oklahoma prison for a sexual battery conviction, prison records show.
“For 35 years, Paul Aikman’s family has ached not knowing who was responsible for his murder,” said OSBI Director Ricky Adams. “35 years have passed, but we have not forgotten about Paul. Thanks to science and determined police work by OSBI agents and our Cold Case Unit, we are pleased to announce that the suspect in Paul’s murder has been identified.”
