The city of Tulsa has dismissed a traffic case against a Native motorist despite the state ruling he was not granted immunity from local prosecution.
The Oklahoma appellate court ruled in December that Osage citizen Nicholas O’Brien was not exempt from the city prosecuting his DUI case even though he was in the Muscogee reservation when he was pulled over. The court ruled O'Brien was not exempt from this prosecution because he was outside the boundaries of the reservation of his enrolled tribe.
The ruling came after the 2020 McGirt decision, in which the Supreme Court said eastern Oklahoma was not disestablished as a Native American reservation. This ruling says Native defendants in the region are subject to either federal or tribal prosecution.
Tulsa Mayor Monroe Nichols announced Thursday the city dismissed the O’Brien case from municipal court.
“The bottom line is that we are working with Tribal governments to ensure that those who break the law are held accountable. We're not here to engage in a power struggle but to ensure citizens get justice,” a statement from the mayor reads.
Nichols said O’Brien will face justice for his DUI arrest in Muscogee court “long before a prolonged court battle would have been resolved.”
The mayor’s decision comes as the Muscogee Nation sues the city in federal court on accusations of issuing tickets to Native drivers.
