ADA, Okla. (KXII) – The state of Oklahoma has dropped its homicide case in opposition to a person charged within the 2019 beating demise of an Ada man because of the McGirt Supreme Court docket ruling. Each the homicide sufferer and the person accused of killing him are native.
In contrast to different latest instances, the state has realized neither the federal courts nor the tribal courts plan to choose up the case.
Pontotoc County Assistant District Legal professional Tara Portillo mentioned she was disenchanted when an OSBI agent informed her the federal courts wouldn’t choose up the case as a result of there’s not sufficient proof. She and Pontotoc County sheriff John Christian disagree with that.
“There was blood spatter all around the residence,” Christian mentioned. “It appeared that Mr. Taylor had been crushed severely.”
A deputy’s report states Jerry Taylor was discovered crushed to demise on his kitchen flooring. His physique was bare, his house was ransacked and blood was all over the place.
“The crime scene in fact collected samples for DNA testing,” Christian mentioned.
Months later, the lab outcomes got here in and confirmed that a lot of that blood was Taylor’s and combined in with it was the blood of Ada resident Dalton Vivier.
In keeping with a deputy’s report, Vivier went backwards and forwards on his story about what occurred in an interview. First he mentioned he by no means knew the person and hadn’t been inside the house; later he claimed he was there however didn’t know something about what occurred.
The state was able to prosecute Vivier, however he filed for dismissal below the McGirt ruling and it has since been dropped.
“I can’t perceive the mentality, the thought course of that goes into this,” Christian mentioned. “The willpower that the proof isn’t there when you will have DNA and the suspect saying ‘I used to be there I simply didn’t partake.’”
Federal prosecutors wouldn’t say in the event that they plan to choose up the case as they’ve others affected by McGirt, however informed OSBI there wasn’t sufficient proof.
Portillo informed KXII she acquired an electronic mail from the tribal courtroom stating they’d not be selecting up the case both.
Vivier was not launched although. He had a felony warrant in one other state.
“Driving below the affect may be very harmful and apparently they take the regulation severe in Nebraska,” Christian mentioned.
Vivier was extradited to Nebraska on Thursday to start out his DUI courtroom proceedings there.
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