TULSA---Prosecutors are moving forward in the murder case of former Tulsa Police officer Shannon Kepler after a jury could not reach a unanimous verdict.
A judge declared a mistrial early Friday morning.
His defense said it was a bitter ending to an unfair proceeding.
But even with no decision, both sides of the courtroom and still battling over fairness and justice.
"We'll find out what the issue was, and we'll address it," said Tulsa County District Attorney Steve Kunzweiler.
It's not the outcome either side was hoping for.
The fate of Shannon Kepler, accused of fatally shooting his daughter's boyfriend in 2014, still hangs in the balance.
A 12-person jury was hung 11-1.
"Whoever those jurors were that were siding with Mr. Kepler, he thanks them," said Defense Attorney Richard O'Carroll. "I have worked as hard as I know how to get him a fair trial."
But if you ask O'Carroll, that's not what Kepler got.
He believed the trial got political and the state worked against him.
He claims Judge Sharon Holmes purposely withheld evidence that 19-year-old Jeremey Lake was armed on August 5, 2014.
Prosecutors say Kepler approached Lake while looking for his daughter, and there was no gun on Lake.
"That's patently offensive to suggest that a prosecutor such as Mr. Gray or anyone in my office is doing anything for a political purpose." said Kunzweiler.
Jurors deliberated for nine hours.
In that time, they sent two notes, telling the judge they were deadlocked.
By 2:15 a.m., they knew a verdict wouldn't come down.
Kepler's two other counts of shooting with intent to kill were reduced to reckless conduct.
Jurors recommended a year in jail.
"They worked very hard, and you have to respect that about them, and I do." said O'Carroll.
"There was obviously some disagreement back there. We'll learn what that issue was and try to address that at the next trail." said Kunzweiler.
Kepler is scheduled to be sentenced Monday for the two misdemeanors.
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