A citizen of the
Muscogee (Creek) Nation is going to trial for murder for a fourth time.
Shannon Kepler, a former police officer, is accused of
shooting Jeremy Lake to death in 2014. But he believes the state of Oklahoma lacks jurisdiction because the crime occurred within the boundaries of the Muscogee Reservation.
Judge Sharon Holmes, however, denied the motion on Monday, The Tulsa World reported. She did so because the
10th Circuit Court of Appeals has not yet issued a mandate in the reservation border case, the paper said.
The state of Oklahoma is asking the 10th Circuit to rehear the case, known as
Murphy v. Royal, so it technically remains open.
Kepler filed motions to dismiss the murder charge on other grounds and Holmes rejected those as well, according to a news reports. A written decision has not yet appeared in the
online court records system.
Kepler was enrolled in the tribe after the 10th Circuit's decision in the border case. The Associated Press continues to refer to him as "white."
Lake was African-American and was 19 years old at the time of his death.
Read More on the Story:
Shannon Kepler's fourth murder trial on track to start next week as motions denied to delay, dismiss case
(The Tulsa World October 2, 2017)
Oklahoma judge rules former cop will face 4th murder trial
(The Associated Press October 2, 2017)
10th Circuit Court of Appeals Decision:
Murphy v. Royal
(August 8, 2017)
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