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Pontotoc County man released through McGirt ruling, ineligible for retrial

Daniel Vivier will be released due to McGirt ruling
Daniel Vivier will be released due to McGirt ruling(Pontotoc County Jail)
Published: Apr. 6, 2021 at 10:19 AM CDT
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PONTOTOC COUNTY, Okla. (KXII) - A Pontotoc County man will be released from prison Tuesday after filing an appeal through the McGirt ruling in March.

Ten years ago, 27-year-old Daniel Vivier and two friends were arrested for breaking into an 85-year-old man’s home, robbing him and attempting to murder him with a baseball bat. He was found guilty of burglary, robbery and assault in 2013.

The man survived the attack, but a victim impact statement written by his children and grandchildren says that he lived the rest of life in fear.

The statute of limitations for his crimes has passed, so Vivier is ineligible to be retried for conviction.

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