TULSA, Okla. — A Tulsa defense attorney is accusing prosecutors of breaking a promise after her client was arrested on murder charges immediately following his testimony in his brother's trial.
Jenny Proehl-Day represents Kortney Smith, who she says was given immunity to testify against his brother, Julian Smith, in a 2023 murder case. But after Kortney testified on Oct. 8, he was arrested on the exact charges prosecutors had previously dropped.
WATCH: Tulsa attorney claims prosecutors broke immunity promise, arrested witness
The case stems from the August 2023 shooting death of 30-year-old Kori Shaver, who was gunned down while sitting in a running car. Police arrested Julian Smith for first-degree murder and his brother, Kortney, as an accessory.
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"It hurt, it hurt. I have no answers, but I'm still breathing so," said Delbert Woodard, Kori's father, who is still struggling with the unimaginable loss.
Proehl-Day claims prosecutors dropped Kortney's charges and promised him immunity in exchange for his testimony. She says she has evidence of that promise, including on tape and in court documents.
"What they effectively did yesterday was say our word means nothing. We can promise you this that we are not going to use it against you, but then you turn it around and use it against you and this is the problem with the criminal justice system," Proehl-Day said.
When asked if Kortney lied on the stand, co-counsel with Assistant District Attorney Ashley Nix said they would provide more details after the trial. The District Attorney's Office did not respond to requests for comment.
"I'm going to be filing a motion to dismiss. I have the evidence that they promised us immunity and they went back on that," Proehl-Day said.
As the murder trial continues, Woodard wants people to remember who Kori really was: a fun-loving young woman who brightened everyone's day.
"She's in a better place. I love her and I miss her, but it just hurts because she's not here. But to want her here and to be in this evil world we are in is a bit selfish of me," Woodard said.
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