California man appeals conviction

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  • Theodore Siniscalchi Jr.
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A man who received a 1-year sentence for manslaughter, with time already served as a portion of that sentence, has filed an appeal in the Oklahoma Appellate Court.

Theodore Anthony Siniscalchi Jr. was released from the Custer County Jail August 18, according to Custer County Jail logs.

He received a 1-year sentence, with credit for time served, after a bench trial ended in June.

Siniscalchi, through his attorney, has filed the paperwork to the appellate court of his appeal.

The appeal, filed August 20, reads “The district court sheet reflects no motion for new trial was filed in the district court.”

The appeal continued, “No appeal bond was set by the district court and appellant currently is in the custody of the Custer County Jail.”

The appeal reads, “For the reasons which shall be advanced in the course of this appeal, appellant respectfully requests the court to reverse the judgment of the district court, or, in the alternative, modify the sentence of the district court, and to grant him any further relief as this court may see just and reasonable or as may be requested in the course of this appeal.”

This appear is a direct felony appeal. Oklahoma law requires a notice of intent for these types of appeals to be filed within 10 days of the sentencing.

Siniscalchi was sentenced June 23 and his attorney filed the notice of appeal June 29.

State law also requires the original record and transcripts from the District Court Case be included and paperwork shows those documents were received June 29.

Paperwork did not show what the nature of the appeal was for.

Siniscalchi was convicted of second-degree manslaughter and transporting an open container of beer.

The charge of domestic assault and battery was dismissed without court costs.

Second-degree manslaughter is the death resulting from negligence without depraved disregard for human life. The death also must not have any elements of cruelty, undue force or dangerous weapons found in first-degree manslaughter charges.

By definition, second-degree manslaughter is “every killing of one human being by the act, procurement or culpable negligence of another, which, under the provision of this chapter, is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree.”

On August 18, 2019, Sgts. Andy Tait, Kendrick Johnson and Dylan Owens of the Weatherford Police Department as well as others responded to reports of a disturbance in the Wal-Mart parking lot where a man — Brian Fredson, 64 of California — was found bleeding from his head and unconscious with a week pulse.

Officers performed CPR until medical personnel arrived on the scene and took him to the Weatherford Regional Hospital, where Fredson was pronounced dead.

During this time, WPD received reports of a U-Haul driving recklessly with the rear door open near the Phillip’s 66 along the 100 block of South Washington Street. Officer Jesse Lingerfel stopped the driver, identified as Siniscalchi, and observed an open can of Four Loko, an alcoholic beverage, in the cup holder which Siniscalchi claimed was not his.

After exiting the vehicle and providing his driver’s license, Siniscalchi informed Lingerfelt he was traveling cross-county with a female, who remains unnamed, and Fredson. Then Siniscalchi and the female got into an argument while trio stopped in the Wal-Mart parking lot to sleep.

Siniscalchi claimed the female kicked him, threw a water bottle and a can of soup, but the fight did not get physical. However, the female, who was interviewed by Detective Justin Bushong, claimed Siniscalchi allegedly hit her left cheek. In the report, Bushong noted bruises on her arm and a black eye.

According to Siniscalchi, he and the female had been together for more than 20 years.

While Siniscalchi and the female were arguing, Fredson entered the back of the truck to grab something for the female. Siniscalchi then drove off with Fredson in the back, causing him to fall out of the back. According to a witness statement, Siniscalchi did not stop to offer aid.

After being stopped at the intersection of East Main and South Washington streets, Siniscalchi was arrested on suspicion of domestic assault and battery, and seconddegree manslaughter.

Sinniscalchi was charged August 21, 2019, for seconddegree manslaughter, and domestic assault and battery. The charge of transporting an open container of beer was added August 22, 2019.

Siniscalchi is serving his sentence in the Custer County jail and is due to be released August 18 of this year. He has been in custody of the Custer County Sheriff’s Office since August 19, 2019, and got credit for time served.