TULSA, Okla. — A Tulsa man charged a second time for accessory to a 2023 shooting death—after given immunity—will stand trial for the alleged crime.
Kortney Smith is accused of helping cover up for his brother, Julian Smith, after Kori Shaver was shot and killed while sitting in a car in West Tulsa. Julian Smith was convicted of first-degree murder on October 11, 2025.
WATCH: Tulsa man to stand trial in murder case, despite a type of immunity granted
Multiple officers, detectives, and former friends took the stand during the preliminary hearing for Kortney Smith on November 21, 2025.
The defense attorney for Smith, Jenny Proehl-Day, tried to discredit the witnesses by comparing their timeline of events during their various testimonies, and arguing the times were off—at times, by several hours.
Day also pointed out that the State of Oklahoma dismissed a felony gun charge against one witness, Marquis Brown, and got his bond reduced without the defendant’s documented request, around the time he was being interviewed. Brown testified he is a twice-convicted felon for inciting a riot and threatening a violent act.
Proehl-Day also argued the surveillance video the prosecutors relied on is unidentifiable. Tulsa police detective Max Ryden testified he could not make out gender, skin color, clothing, or whether anyone in the video was carrying a rifle.
Tulsa County Assistant District Attorney David Dossman argued that one witness admitted to driving Julian Smith to a home in Sapulpa from the scene of the crime, and that he had a rifle with him. They argued detectives later found ammo that matched a cartridge found at the scene. Brown also testified about seeing the two suspects and victim together earlier in the day.
Ultimately, the judge ruled there was enough probable cause to move forward with trial.
The bigger argument involving this case revolves around immunity. Kortney Smith, earlier this year, was granted “use immunity” by the State of Oklahoma, in exchange for his testimony against his brother.
This is the second time Smith has been charged with accessory. The first time, charges were dropped. When Smith testified against his brother in October of 2025, he stepped off the stand and was recharged with accessory.
Dossman said Smith’s actions on the stand at trial allowed for the charges to be refiled because he continued to lie.
Proehl-Day believes the state set him up. She said Assistant District Attorney Ashley Nix, who was not present for this hearing, filed the charge against him while he was on the stand. Proehl-Day plans to appeal the case.
“I think the Court of Criminal Appeals needs to make a decision on whether the State of Oklahoma’s behavior was appropriate in this case,” said Proehl-Day. “If that is the type of behavior defendants can expect in the future, I would recommend in the future that no one enter into any type of immunity agreement with the State of Oklahoma.”
Dossman declined to comment, but referred us to the communications office for the Tulsa County District Attorney’s Office who sent this statement:
“Mr. Smith had a preliminary hearing today. The defense filed a motion to dismiss that would prevent Mr. Smith from being prosecuted. The judge denied the motion and precluded the State from using his testimony in another case. We will continue to present evidence and prosecute this case accordingly.”
There seemed to be a disagreement between Dossman, Proehl-Day and Special Judge April Seibert—each with their own definition of “transactional immunity” and “use immunity.”
Transactional immunity is the “blanket”-type immunity many of us outside the legal world think of in terms of immunity. Use immunity is more specific—and would only prevent prosecutors from using Smith’s testimony.
Judge Seibert said she believes Smith was entitled to use immunity, but did not believe any testimony during the preliminary hearing “derived” from his testimony at his brother’s trial. Therefore, Seibert believes it is within the boundaries of the definition of use immunity.
Right now, Smith’s trial is scheduled for December 1.
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