TULSA, Okla. — A Tulsa County judge granted a woman convicted more than a decade ago in five people's deaths her request to vacate her conviction and the charges dismissed.
50-year-old Kimberly Graham was sentenced to 107 years in prison after a jury found her guilty of drunkenly running over five motorcyclists with her vehicle in 2007 and leaving the accident.
Graham recently asked the court to dismiss the case citing the McGirt ruling, claiming since she is Native American, she should not have been prosecuted in state court.
Family members of the victims recently attended a town hall where Tulsa County District Attorney Steve Kunzweiler discussed his frustrations over the McGirt Ruling.
They are concerned about whether she will be prosecuted again in light of the federal statute of limitations.
Kunzweiler told 2 Works for You the statute of limitations for manslaughter in federal court is five years.
"The United States government would've been the entity that could've prosecuted that case, but because so many years have gone by the statute of limitations prohibits them from just starting all over again," he said.
Bobbi Nickel, whose brother Casey Jones was killed in the 2007 hit-and-run, said Thursday she was too distraught to speak on camera. However, she spoke to 2 Works for You about the prospect of Graham's conviction being thrown out, last week.
"There's no consequence. There's no accountability for five people who were mowed down and left for dead in the street," she said. "You're just re-victimizing all of us."
Kunzweiler plans to challenge the Tulsa County judge's decision. He told 2 Works for You he is unsure if Graham can be retried in tribal court.
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