Driver in fatal Durant crash seeking murder trial dismissal
DURANT, Oklahoma (KXII) - A man facing four counts of second-degree murder in the deaths of four Durant teenagers says Bryan County has no business prosecuting him after a recent Supreme Court decision.
Bradley Shawn Pittman, 42, went to the Bryan County Courthouse on Tuesday in the hopes of having his trial moved to federal court because he’s a Choctaw citizen.
A motion to dismiss his charges was filed last month and was going to be brought to a judge on Tuesday, but has been reset for Dec. 7.
According to court documents, the motion was filed because the state of Oklahoma lacks the subject-matter jurisdiction to prosecute, meaning the charges would then be taken to federal court.
In July, the Supreme Court ruled in McGirt v. Oklahoma that state prosecutors do not have the authority to pursue criminal cases against American Indian defendants for crimes that occurred on tribal reservations.
The crash happened on U.S. 70 and Radio Road in Durant, but the Supreme Court ruled a large section of Eastern Oklahoma remains Indian Territory.
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