Prosecutor shocked by mistrial for ex-cop who killed black man

TULSA, Okla. — An Oklahoma prosecutor said Saturday he was shocked when a judge declared a mistrial in the case of a white former Tulsa police officer who fatally shot his daughter’s black boyfriend because jurors had deliberated for only a few hours.

It was the third mistrial in nine months for former Tulsa police officer Shannon Kepler, and all of the trials have been overseen by District Judge Sharon Holmes. Kepler doesn’t deny shooting 19-year-old Jeremey Lake, but claims he was acting in self-defense. Kepler testified that Lake was armed, although police didn’t find a weapon on Lake or at the scene. The shooting happened shortly after Lake had started dating Kepler’s then-18-year-old daughter, Lisa.

Attorneys said jurors deliberated for 2 1/2 to three hours Friday before saying they were deadlocked 6-6. Holmes reminded jurors that the trial had started June 27 and asked whether that changed their minds. When they said no, the judge declared a mistrial.

“I have never experienced that procedure before in my life,” Tulsa County District Attorney Steve Kunzweiler said, noting that judges often tell juries to continue deliberating to try to reach a unanimous verdict in such circumstances.

“I was just hopeful that the court would have followed prior procedure and have the jury deliberate more,” Kunzweiler said. The judge had told the previous juries in the case to continue deliberating after jurors reported they were deadlocked. In one case, the judge waited until 2:30 a.m. before declaring a mistrial when jurors reported they could not break their deadlock. She did not immediately return a message that was left at her office on Saturday.

But defense attorney Richard O’Carroll said the procedure was not unusual and that the prosecution’s case — not the jury– was to blame for the mistrial.

“It’s frankly bad manners to blame the jury,” O’Carroll said. “This thing has been sensationalized since the very beginning.”