By Margaret Hicks
Eagle Staff Writer
mhicks@theoklahomaeagle.net
After more than five hours of deliberation, a verdict was reached at 11:40 p.m. October 18, 2017, pronouncing Shannon Kepler a former Tulsa police officer, guilty of first degree manslaughter for the 2014, off duty, killing of Jeremey Lake.
District Judge Sharon Holmes, who Kepler tried to get removed from the case, presided over the fourth trial, as well as the three previous trials that ended in mistrials. Though Shannon was charged with first-degree murder, the jury had the option to consider the lesser charge of manslaughter. The previous three juries did not have that option.
The jury recommended 15 years in prison and a $10,000 fine.
Understanding First Degree Murder
On August 5, 2014, Kepler was charged with first-degree murder, and on October 18, 2017 he was found guilty of first-degree manslaughter.
First-degree murder, according to Title 21, Chapter 24, Section 701.7 of the Oklahoma Statutes defines first degree murder like this: “A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.”
It further states: A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance.”
There is one exception to this rule, which has three subsections, but not relative to this type of murder.
Understanding First-Degree Manslaughter
According to Section 711 of the same Title and Chapter “Homicide is manslaughter in the first degree in the following cases:
- “When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.
- When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide.
- When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.”
From Murder One to Manslaughter One
On September 7, 2017, Kepler’s attorney, Richard O’Carroll, filed an “Application for stay of proceedings pending Kepler seeking extraordinary relief his motion to dismiss for lack of due process, his motion to dismiss for former jeopardy, his motion to exclude a manslaughter instruction and his motion to dismiss for lack of subject matter jurisdiction.”
On that same date the defense filed a “Motion to bar supposed lesser included instruction of manslaughter since the statute of limitations has expired.”
On October 2, 2017 there was a “Motion to bar supposed instruction of manslaughter overruled…” And on that same day an “Order denying Kepler’s motion to bar supposed lesser included instruction of manslaughter since the statute of limitations has expired.
The aforementioned documents are public records and can be found on www.oscn.net.
