Prosecutor Promises New Trial After Hung Jury In Tulsa Cop's Murder Trial

Thursday, November 10th 2016, 11:42 am

By: Emory Bryan

The judge declared a mistrial in the murder case of former Tulsa police officer Shannon Kepler.

Tulsa County District Attorney Steve Kunzweiler promises there will be a new trial.

Just before 2 a.m. Friday, the jury returned to the courtroom and told the judge it was deadlocked after deliberating for almost nine hours.

The jury did find Kepler guilty of reckless conduct with a firearm and recommended six months in jail. Formal sentencing on those convictions is set for Monday.

The jury was given the case just before 4:45 p.m. on Thursday, November 10, 2016, after six days of testimony. After seven hours of deliberation it sent a note to the judge saying it was stuck, but the judge told the jurors to keep going.

DEADLOCK: Kepler jury stuck at 11-1, w/ no indication of which way they're leaning. Judge told them to continue + they're getting food now. — Emory Bryan (@emorybryan) November 11, 2016

The jurors said they were stuck at 11-1. The DA's office said it was 11-1 in favor of guilty. The jury has to be unanimous to reach a decision

The judge said there was no timeline for calling it quits.

Before that, the jury sent another note asking for the transcript of Kepler's testimony but that was denied.

Kepler is a former Tulsa police officer who was charged with 1st-degree murder and shooting with intent to kill after the August 5th, 2014 shooting death of 19-year-old Jeremey Lake. Lake and Kepler got into a confrontation at 202 North Maybelle Avenue, while Kepler was looking for his daughter, Lisa, who had just started a relationship with Lake.

Prosecutors said in closing that Kepler "hunted Jeremey and things got out of hand" and after shooting Jeremey, "turned toward the only witnesses he saw" firing three additional shots and led to the shooting with intent charges.

Kepler testified he shot Lake intentionally but in self-defense after Lake pulled what he described as a "shiny semi-automatic" from his pants. Kepler said he drew his own six-shot revolver, a weapon he carried while off duty, fired two shots, then, three more when Lake came toward him. A medical examiner testified Lake was hit twice, once in the chest and once in the neck, and died at the scene.

Kepler's attorney in closing said the state was trying to portray the career officer as a "mass murderer" who tried to kill three people, including his own daughter and the then 12-year-old brother of the victim. Attorney Richard O'Carroll told jurors the witnesses against Kepler were unreliable - several had emotional issues or criminal records - and that the case against Kepler was politically motivated by an overzealous district attorney.

11/9/2016 Related Story: Defense Rests In Shannon Kepler Murder Trial

Prosecutor Steve Kunzweiler pointed out that Tulsa officers had to "hunt down one of their own" after Kepler left the scene of the shooting. Kepler said he pulled away as more than a dozen people rushed toward him from underneath a nearby overpass. Several homeless people live under the bridge. His attorney described it simply as Kepler deciding to reach out to an attorney before responding to officers who were trying to contact him.

Kunzweiler told the jury "the only person who ever said there was a gun" was Shannon Kepler and pointed out that while Kepler said his training kicked in when faced with a gun, he didn't follow protocol to stay at the scene of an officer shooting. He said Kepler chose the time, location, and a gun that wouldn't leave shell casings behind on purpose to conceal the crime. He told the jury the shooting was not an accident, and it wasn't self-defense.

Kepler's attorney, O'Carroll, said Lisa Kepler, the key state witness, was so emotionally disturbed she was unreliable and implied her testimony was tainted by her strained relationship with her father, Shannon.

The jury decision could come down to a judgment on whether or not Jeremey Lake produced a gun during the encounter. Police never found a gun, and no witnesses other than the defendant ever said they saw one. O'Carroll asked the jury "How many people at that scene had the opportunity to take that gun?" During his testimony, Kepler told jurors after Lake produced the weapon, "it was him or me" and that he had hoped to go his entire police career without ever having to kill someone. Kepler said, "If he didn't force my hand I wouldn't have had to defend myself."

After the case went to jurors, at 4:40 p.m. Thursday, O'Carroll complained to reporters that he was restrained by the judge from presenting evidence that a gun was later found at the police station where a witness was being questioned. The judge ruled the evidence was inadmissible because testing on the gun did not connect it to anyone in the case - including Lake.

O'Carroll said "I do believe that Mr. Kepler, regardless of the outcome, didn't get a fair trial by a long stretch, by a very long stretch. It was political and it shouldn't have been. Please God, the 12 jurors in there will take the politics out of it." O'Carroll had suggested, in court, that the district attorney's decision to charge Kepler was motivated by his elected status.

District Attorney Kunzweiler told reporters, "It's been two long years for this victims' family to see their day in court. We wanted to bring justice for this family and from the evidence. This jury has, at least in my opinion, an abundance of evidence to make their decision. We strongly believe in our case and I'm just hopeful the jury will see to it the way we saw it.”

Kepler, if convicted of the first-degree murder charge, could face up to life in prison. The same jury that decides his guilt or innocence will determine his sentence, if he's convicted.