US court voids Okla. death sentence because the crimes occurred on tribal land
7:57 AM, Jun 15, 2013
OKLAHOMA CITY (AP) -- A federal appeals court has reversed the death sentences of an Oklahoma man who pleaded guilty to three counts of first-degree murder because the crimes occurred on tribal land and the state lacked the authority to prosecute him.
Friday's ruling by the 10th U.S. Circuit Court of Appeals voided David Magnan's convictions, but the judges said they would expect new charges from federal prosecutors.
Magnan pleaded guilty in Seminole County District Court to three counts of first-degree murder in connection with the 2004 shooting deaths of three people in rural Seminole County. He was sentenced to death on each count.
Magnan is an enrolled member of the Fort Peck Assiniboine and Sioux Tribes. He appealed, claiming the crimes occurred on Indian land and that, therefore, Oklahoma could not prosecute him