A judge Tuesday dismissed a murder charge against a former Choctaw Living Center resident because he was too severely retarded to understand right from wrong. Jerome Vaught, 35, was accused in a second-degree murder charge of strangling another resident Aug. 30 at the private home for mentally disabled adults.

Oklahoma County District Judge Tammy Bass-Jones based her decision on a little-known law that bars prosecution of the severely retarded and children under 7.

"This is the Legislature’s intent," she said.

The judge turned down a request to restrict him to the state-run Northern Oklahoma Resource Center in Enid. She said she could not by law oversee his care.

Prosecutor Lou Keel urged the judge to take such steps to keep Vaught from "choking out another retarded person."

"It is not a get-out-of-jail-free card," the assistant district attorney said of Vaught’s mental retardation.

The prosecutor asked the judge to follow the law used for defendants found not guilty by reason of insanity. The judge decided that law did not apply.

Vaught was moved to the Enid facility after the death and is considered a model resident there. He has the mind of a 2-year-old and also suffers from Down syndrome. His IQ is 30.

"Jerome most likely has zero understanding of death or the concept of ‘right and wrong,’" psychologist Roland Palmer wrote in a report given to the judge.

Vaught sat in court, playing with a stethoscope and, at times, grunting and clapping. His twin sister, Jada Young, sat next to him to comfort him.

Afterward, she said she does not believe her brother strangled anyone.

"He’s incapable of tying his own shoes," Young said.

"I believe one of the workers did it," she said. "They’re covering up what happened."

Defense attorney John Coyle called on Choctaw police to resume the investigation.

"The real killer walks free," he said.

Killed was Joe L. "J.J." McCormick Jr., who lived at the Choctaw Living Center for about a year. McCormick, 26, was strangled with a belt.

A center employee told police he found Vaught kneeling over the victim and holding a belt that was around the victim’s neck.

Health officials closed the Choctaw Living Center after the death because of poor supervision and mistreatment of residents. Inspectors said they were told center employees goaded Vaught into confrontations with the victim.