OKLAHOMA CITY (AP) — The Oklahoma Court of Criminal Appeals on Thursday ruled the state did not have jurisdiction to prosecute a former Tulsa police officer who was convicted of manslaughter in 2017 and sentenced to 15 years in prison.
Former Tulsa officer Shannon James Kepler, 60, is a member of Creek Nation who was convicted of killing his daughter’s boyfriend in Tulsa on land within the historic reservation of the Muscogee (Creek) Nation.
In a ruling last year known as the McGirt decision, the U.S. Supreme Court found that Oklahoma lacks jurisdiction for crimes on tribal reservations in which the defendants or victims are tribal citizens.
The Oklahoma Court of Criminal Appeals overturned Kepler's conviction based on that ruling.
After three trials on state murder charges ended with deadlocked juries, Kepler, who is white, was convicted in 2017 on state charges of manslaughter for the fatal shooting of Jeremy Lake, 19, who was Black.
Kepler, off-duty at the time of the shooting, claimed he fired in self-defense because Lake was armed, but no weapon was found at the scene.
Federal prosecutors filed a first-degree murder charge against Kepler in the case in November, after he had appealed his conviction, citing McGirt.
“In anticipation that Shannon Kepler’s state murder conviction would be dismissed by the Oklahoma Court of Criminal Appeals, the U.S. Attorney’s Office charged Kepler in a three-count indictment for the murder of Jeremey Lake,” acting U.S. Attorney Clint Johnson said in a statement to The Associated Press. “We did so in November to ensure a seamless and timely transition from state to federal court once the decision was made.”
Kepler’s motion to dismiss the federal charge on grounds of double jeopardy was rejected in January. He has pleaded not guilty to the charge.
Kepler’s attorney did not immediately return a phone call seeking comment.
The state appeals court last week overturned two convictions based on McGirt, including that of Shaun Bosse, who was sentenced to death for killing a woman and her two children.
