OKLAHOMA CITY — A state appeals court has upheld the death sentence of a man accused of gunning down a state highway patrolman in 2003.
The Oklahoma Court of Criminal Appeals on Friday affirmed the death sentence of 38-year-old Ricky Ray Malone. Malone was convicted of shooting trooper Nikky "Nik" Green twice in the back of the head after wresting Green's gun from him during a struggle on a Cotton County road. Green was trying to arrest Malone for allegedly operating a mobile methamphetamine lab out of the car he was driving, and some of the attack was captured on Green's vehicle's dashboard camera.
Malone's attorney had urged the court to instead give Malone a life term, arguing that a judge didn't account for mitigating circumstances when re-sentencing Malone to death.