Okmulgee County judge throws out a charge in a hearing for Cody James

Thursday, May 5th 2005, 6:11 am

By: News On 6

HENRYETTA, Okla. (AP) -- An Okmulgee County judge says a teenager accused of killing his 16-year-old girlfriend shouldn't stand trial on a separate charge in the death of her unborn child.

After hearing testimony Wednesday from a state medical examiner, Special District Judge Duane Woodliff ruled that Oklahoma law isn't clear on the first-degree manslaughter count that accuses 17-year-old Cody James in the killing of an unborn quick child.

Woodliff says the Legislature hasn't clearly defined what quick means.

James already faces trial as an adult for first-degree murder in the July 20th death of Rebecca Lynn Johnson.

Assistant District Attorney Jim Volz added the unborn-child charge last month. Volz asked Woodliff for the right to appeal the judge's decision.

Johnson was in a pickup truck with three other people when James banged on the passenger window and began arguing with her.

According to testimony, James threatened several people with a handgun before shooting Johnson in the chest.