LAWTON – Two inmates incarcerated on death row at the Oklahoma State Penitentiary in McAlester are from Comanche County and one is from Stephens County.
Ricky R. Malone, 45, was tried by jury and convicted of first degree murder in the District Court of Comanche County, court records show. He was accused of killing Oklahoma Highway Patrol officer Nikky Joe Green on Dec. 26, 2003.
Records show Trooper Green was shot and killed after he stopped north of Devol [Cotton County] to check on a vehicle parked on the side of the road. Devol is about five miles north of the Texas state line. Trooper Green discovered a meth lab; a struggle ensued with Malone and the officer lost his service weapon. Malone discovered it and shot Trooper Green twice in the back of the head.
Oklahoma Court of Criminal Appeals records show that a Comanche County trial court imposed a sentence of death, but then reversed the sentence and remanded the case for resentencing.
Malone waived his right to jury trial and a resentencing trial was held October 18-29, 2010. The trial court found the existence of two aggravating circumstances: (1) “the murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution”; and (2) “the victim of the murder was a peace officer…, and such person was killed while in performance of official duty.” 21 O.S. 2001, § 701.12.2
The trial court further found that the aggravating circumstances outweighed the mitigating circumstances presented and sentenced Appellant to death. Appellant appealed the sentence, records show. After review, the Criminal Appeals Court denied the appeal and the sentence of death.
The trial court further found that the aggravating circumstances outweighed the mitigating circumstances presented and sentenced Malone to death. He appealed the sentence, records show. After review, the Criminal Appeals Court denied the appeal and the sentence of death was affirmed in January 2013.
In 2019, Malone’s case went to the United States Supreme Court after he petitioned for federal habeas corpus relief. His case was denied without comment.
Mica A. Martinez; 39, was tried by jury and found guilty on two counts of murder in the first degree in the District Court of Comanche County, court records show. He was accused of killing Carl and Martha “Faye” Miller on Oct. 12, 2009.
They lived five miles south of Cache in Comanche County on State Highway 115 and Woodlawn Road. Shots had been fired from a vehicle and a possible home invasion and burglary had been in progress when law enforcement officers were called. The Millers later died from their injuries at local hospitals, records show.
Martinez’s appeal was denied by the Oklahoma Court of Criminal Appeals in March of 2016.
Miles S. Bench; 28, was tried by jury and convicted of first degree murder in the District Court of Stephens County, court records show. He was accused of killing 16-year-old Braylee Henry at the TeePee Totem Convenience Store in Velma in Stephens County on June 6, 2012.
Bench worked as a clerk at the store and records show he attacked Ms. Henry when she entered and was filling a cup at the soda fountain. She was dragged into the store’s stockroom and beaten to death.
Bench’s appeal was denied by the Oklahoma Court of Criminals Appeals in October of 2018.
District Attorney Jason Hicks, in an interview with The Duncan Banner at the time, said that in Oklahoma, whenever a death sentence is given, there is an automatic appeal from the District Court to the Oklahoma Court of Criminal Appeals.
“It has to occur,” he said. “It is mandatory by statute.”