Appeal Arguments Scheduled For Texoma Trooper's Convicted Killer

The case of an Oklahoma trooper's murder - that sparked a new law and changed the name of a Texoma highway - is heading back in court. The Oklahoma Court of Criminal Appeals has scheduled oral arguments for October 9th in the appeal of a man who was convicted and sentenced to die for killing Trooper Nikky Green.

The court ordered state prosecutors and Ricky Malone's attorneys on Wednesday to be prepared to argue whether the death sentence was imposed under the influence of passion, prejudice or any other arbitrary factor.

Malone, a former firefighter, was convicted of first-degree murder in the December 2003 shooting death of Green. Investigators said Green found Malone on a rural Cotton County road operating a mobile methamphetamine lab out of a car. Malone got a hold of the Green's gun and shot and killed the trooper.

The appeals court overturned the death sentence and ordered a new sentencing trial. A Comanche County judge re-sentenced Malone to death in 2010.

Trooper Nikky Green Memorial Highway in Jefferson County was named in Green's honor in 2004. The highway stretches from from US 183 in Tillman County to US 81 on US 70.

Green's death also sparked the "Trooper Nik Green Act". The law restricts the purchases of certain decongestant medicines that contain pseudoephedrine, one of the main ingredients used to make meth. It also makes pseudoephedrine tablets a schedule V substance that could only be sold at licensed pharmacies. This means anyone buying pseudoephedrine in tablet form has to show a photo I.D. and sign for the purchase.