- Associated Press - Thursday, April 2, 2015

TULSA, Okla. (AP) - A district judge has denied a request to dismiss charges against a former Tulsa police officer who is accused of fatally shooting his daughter’s boyfriend and to remove a prosecutor from the case.

Shannon James Kepler, 54, is accused of killing 19-year-old Jeremy Lake and shooting at his own daughter and Lake’s brother. He faces a first-degree murder charge, along with two counts of shooting with intent to kill.

The judge on Tuesday denied a motion by defense attorney Richard O’Carroll to disqualify prosecutor Steve Kunzweiler from the case, the Tulsa World (https://bit.ly/1CPTU9C ) reported.

Kunzweiler was accused of committing prosecutorial misconduct in a December preliminary hearing. O’Carroll contended that Kunzweiler failed to “clear the air” after the victim’s younger brother testified that he spoke with Kunzweiler about the case prior to the hearing.

Kunzweiler had argued that he sufficiently addressed any potential concerns by asking the sibling several questions to clarify the statements he made during the defense attorney’s cross examination. During redirect, which allows prosecutors to question a witness about statements made during the defense’s questioning, the brother said he misspoke and was confused by O’Carroll’s questions.

Kunzweiler said that O’Carroll was using the brother’s statements to “bog down this court and make an issue” where there isn’t one.

Kepler wasn’t in the courtroom for Tuesday’s hearing and instead remained in the secure area near the judge’s chambers, the newspaper said. O’Carroll said Kepler is “taking it day to day,” noting the case has been “obviously stressful” to his client.

The next court date in the case is set for May 1.

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Information from: Tulsa World, https://www.tulsaworld.com

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