A 76-year-old woman was back in the Tulsa County jail on Friday after having her bond revoked for the second time within two years in a 2013 murder case, this time for what a prosecutor alleged was a refusal to comply with a judge’s conditions of release.
A jury trial for Vicky McNeely is scheduled to begin Sept. 9 over the Jan. 11, 2013, shooting death of her husband, Daniel McNeely, which she has said occurred in self defense. She had been out of custody since Jan. 28, 2013, on bond, but District Judge William LaFortune revoked her bond on Sept. 26, 2017, four days after her arrest for aggravated driving under the influence and one day after being charged with that crime.
McNeely’s attorneys, Jason Edge and Melanie Lander, petitioned the court for reconsideration of their client’s bond, which LaFortune in June 2018 set at $750,000 along with imposing a requirement that she wear an ankle monitor. McNeely, according to court documents, was also supposed to live with someone, have regular drug and alcohol testing, and not drink alcohol.
But in a motion filed Monday, Assistant District Attorney Kenneth Elmore said McNeely had violated multiple conditions of her bond, leading to her reapprehension on Tuesday. Elmore wrote that authorities determined that McNeely was not living with the person designated in LaFortune’s 2018 bond decision and alleged that she “sounded intoxicated” during a conversation with her court services supervisor, to whom she’s accused of sending inappropriate texts.
“When informed she needed to submit for a urine analysis, defendant refused,” the motion states. “Due to the time-sensitive nature of the evidence that can be recovered from a urine analysis, the delay seems intentional.”
Tulsa County jail records indicate that McNeely’s bond in her murder case is now $1.5 million. She has been legally considered indigent since this spring.
McNeely pleaded no contest Oct. 29 in the DUI case, for which Special Judge April Seibert imposed a one-year jail sentence with credit for time served. McNeely had previously unsuccessfully argued for the charge, which was a misdemeanor, to be dropped because of her belief the Owasso police officer who arrested her did so in an area that is outside of Owasso’s jurisdiction.
The Indian Nations Council of Governments jurisdictional boundaries map for the Tulsa area shows the street in front of McNeely’s home is in the city limits of Owasso. Prosecutors said last year that while McNeely’s house and driveway are within the jurisdiction of the Tulsa County Sheriff’s Office, her arrest was legal because the incident prompting it — a collision with another vehicle — took place on the street, which is within Owasso’s city limits.
Prosecutors also pointed out McNeely had a 0.15 blood alcohol concentration and said police reported she moved her car back into her driveway in their presence even though no one told her she could.
The Oklahoma Court of Criminal Appeals issued a 3-2 decision last year upholding LaFortune’s decision to deny McNeely immunity from prosecution under Oklahoma’s Stand Your Ground law, though she can still present a self-defense theory at trial. Edge and Lander have said McNeely feared for her life when she shot Daniel McNeely, who Vicky McNeely claimed threatened her with a knife.
LaFortune, however, said in an order explaining his ruling that a forensic report indicated that all but one of Daniel McNeely’s five gunshot wounds had points of entry in his back.
Daniel McNeely was charged in 2011 with domestic assault and battery with a dangerous weapon, with Vicky McNeely as the victim, but the case was dismissed because she did not testify against him, according to court records.
Edge and Lander have pointed to that case as proof that she was correct in fearing for her life. They said her contention that her husband threatened her with a knife is similar to the allegation in the 2011 case.
Vicky McNeely’s next court appearance is scheduled for Aug. 14.
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