- Associated Press - Saturday, October 31, 2015

MUSKOGEE, Okla. (AP) - A Shawnee man whose conviction and death sentences for killing three people in 2004 was overturned has again been convicted in the slayings.

Federal prosecutors say 53-year-old David Brian Magnan was convicted of murder Friday in federal court in Muskogee for the shooting deaths of James Howard, Karen Wolf and Lucilla McGirt. Court records do not show a recommended sentence and his attorney did not immediately return a phone call for comment.

Magnan pleaded guilty in 2005 to state murder charges and was sentenced to death - and to life in prison for shooting with intent to kill.

The convictions and sentences were overturned by a federal appeals court that ruled the state couldn’t convict him because the crimes occurred in Indian Country, where only the federal government could prosecute him.

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