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Judge denies defense's request to dismiss ex-cop's case, sets date for 4th murder trial

Shannon Kepler, charged of first-degree murder, at the Tulsa County Courthouse. (KTUL)

A judge has dismissed a motion to dismiss the murder case against a former Tulsa police officer.

A defense attorney for Shannon Kepler, who has seen his first three murder trials end in hung juries, filed a motion Monday to have the case dismissed. The judge denied that request and set an Oct. 9 start date for Kepler's fourth murder trial.

RELATED | Tulsa DA releases statement following Shannon Kepler's third mistrial

Kepler was charged with murder in the 2014 shooting death of 19-year-old Jeremey Lake, who was his daughter Lisa's boyfriend at the time. He has claimed he was defending himself, but prosecutors have argued that Lake was unarmed and not in an aggressive position when he was shot and killed.

Kepler's first murder trial ended after a lone juror would not agree with a "guilty" verdict. The second trial ended with 10 of 12 jurors in favor of a "guilty" verdict, while the third jury was split down the middle after just hours of deliberation.

Defense attorney Richard O'Carroll asked to have double jeopardy applied to the case because the third jury "unanimously agreed there was insufficient evidence to decide the case. Hence, the jury de facto found Mr. Kepler was not guilty."

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