Oklahoma Man Found Guilty of Manslaughter

So far this month I have had the opportunity to cover two high profile crime trials in Kay County Oklahoma.

The following is a recap of one of those trials,a manslaughter case filed against 30-year-old Shaun Michael Arant in 2007.

Arant took the stand in his defense and told jurors his version of events that led to the death of 46-year-old Brian Andreyk in August of 2007.

Arant was arrested by Ponca City police on Aug. 26, 2007 and accused of assaulting Andreyk outside a bar.

Andreyk was taken by ambulance to Ponca City Medical Center and later flown to a Wichita, Kan. hospital with extensive injuries, including a serious head wound, where he later died.

Arant was originally charged with first degree murder in the case. That charge was amended on May 23, 2008, to first degree manslaughter.

The 30-year-old father of five told the court he wished the events of Aug. 26 had never happened.

Arant's attorney, Tom Salisbury, showed jurors x-rays of Arant's back which contains many pins and rods following three back surgeries.

Arant explained that doctors told him after a June 19, 2007 surgery that any blunt trauma could cause irreparable damage and possible paralysis.

Salisbury asked Arant to explain the events of Aug. 26.

Arant said that friends asked him and his wife to join them at Witchy's Bar that night and take part in karaoke. While there, Arant said he consumed one and half wine coolers before the group went to QB's Bar across the street.

At 1:50 a.m. Arant said the group left QB's.

While standing outside talking with his father, Arant said a man later identified as Jason Malcom accosted him and started to take a swing at him.

"I punched him three or four times," said Arant. "He fell to the ground and got back up and I knocked him down again. He grabbed at my legs and I kicked him off."

Arant said Malcom started to go after a female friend that was with Arant and his wife.

"I preceded to try and stop him," Arant testified.

At that time another man later identified as Andreyk yelled at Arant to stop.

"He was lunging at me from behind," said Arant. "I took an 'oh shit swing' and connected. I then looked in the direction of Malcom and he was leaving."

Arant said he swung at Andreyk because he was scared of being injured and becoming paralyzed.

"I did not start problems with either man," said Arant. "I wish it had never happened."

Assistant District Attorney Tara Portillo cross examined Arant.

"I wish to talk about what we do agree on," said Portillo.

Arant agreed that he hit Malcom first and that Malcom was asked three times to leave.

He also agreed that he was asked by family and friends to leave but refused.

"Malcom would have come after them and I did not want to leave my family in a situation because I love them," said Arant.

Portillo asked if Arant agreed that he punched Andryek first which resulted in Andryek falling and hitting his head on the concrete, which led to his death.

Arant agreed.

"So your actions led to the death of Andryek?" asked Portillo.

"No ma'am," responded Arant. "His actions lead to his death. He tried to attack me."

"So it his fault?" asked Portillo.

"Yes ma'am," said Arant.

Salisbury objected to Portillo asking Arant the question and then angrily redirected Arant.

"If he (Andryek) had not approached you, would you have hit him?" asked Salisbury. "No," replied Arant.

Earlier in the day Ponca City police Sgt. David Dick explained to the court why no autopsy was conducted on the body of Andreyk.

Dick said the Kansas Medical Examiner was not able to do an autopsy because the alleged crime occurred in Oklahoma and that the Oklahoma Medical Examiner was unable to do an autopsy because Andreyk died in Kansas.

Dick told the court that before Andreyk died, his family attempted to transfer him to an Oklahoma hospital to die so that an autopsy could be performed, but the Kansas hospital would not release Andreyk unless his medical bill was paid in full.

Salisbury referred to the situation as a mess and then stated he has never seen a homicide case where an autopsy was not performed.

Salisbury questioned Dick as to why there were no photos of Andreyk's injuries.

Dick said that Andreyk was unable to sign hospital paperwork to allow the photos.

Salisbury cited several reasons why he believes the court should acquit Arant.

He made the case that Malcom should be on trial because he started the entire situation.

Portillo argued that no witnesses saw Malcom start the fight.

The next day jurors took two hours to reach a guilty verdict and recommended a 12 year sentence for Arant.

Sentencing is set for June 29.