STATE v. KRIGEL, 2024 OK CR 27

The State of Oklahoma charged Jeffrey Price Krigel with six felony counts, including Attempted Rape in the First Degree (Count 2), based on allegations by A.M.
After all Tulsa County judges recused, Judge Mark Campbell from Bryan County was specially assigned to the case.
At the preliminary hearing, the magistrate found probable cause for the attempted rape charge, but Judge Campbell later quashed this charge, finding insufficient evidence under current Oklahoma law.
The State appealed, arguing that Judge Campbell applied the wrong standard and that there was sufficient evidence for attempted first-degree rape.
The Oklahoma Court of Criminal Appeals reviewed the case for abuse of discretion in the district court’s finding.
Evidence included testimony that Krigel forcibly kissed and groped A.M., pinning her down, and that she escaped; two other victims also alleged prior similar conduct.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for bindover	Evidence met standard for attempted rape, similar to Crawford case	Overt act lacking under Rosteck; not enough for attempted rape	Sufficient evidence existed; error to quash
Application of correct standard of review	Court should consider all evidence in light most favorable to State	Judge Campbell properly applied law under Rosteck	District court misapplied overt act requirement

Rosteck v. State, 749 P.2d 556 (Okla. Crim. App. 1988) (defines the elements and overt act requirement for criminal attempt in Oklahoma)
State v. Bradley, 434 P.3d 5 (Okla. Crim. App. 2018) (addresses preliminary hearing probable cause standard)
State v. Roberson, 492 P.3d 620 (Okla. Crim. App. 2021) (sets general standard for appellate review of district court's abuse of discretion)
State v. Delso, 298 P.3d 1192 (Okla. Crim. App. 2013) (discusses sufficiency of evidence at preliminary hearing)
Posey v. State, 548 P.3d 1245 (Okla. Crim. App. 2024) (clarifies review standard for abuse of discretion)