Wednesday, November 9th 2016, 12:37 pm
The defense rested Wednesday afternoon in the trial of Shannon Kepler, a former Tulsa police officer charged with first-degree murder and shooting with intent to kill.
Kepler took the stand Wednesday morning for the first time in front of a jury. Kepler testified before a jury about the night he shot and killed 19-year-old Jeremey Lake, who police said was Kepler's daughter's boyfriend.
Kepler, a now former Tulsa police officer, said the fatal confrontation happened August 2014 after Lake pulled a shiny semi-automatic pistol, forcing Kepler to defend himself. Kepler testified he fired two shots at Lake, and when he didn't stop, he fired three more shots.
Lake died at the scene.
The problem is the gun he says Lake pulled out never surfaced. His attorney, Richard O’Carroll, wasn't allowed to explore some theories about what happened to it.
"I think he did the best he could do, given the restrictions. I will say, honestly, I don't think he's getting a fair trial by a long stretch," O’Carroll said.
Tulsa County District Attorney Steve Kunzweiler said, "He's in the courtroom in the United States of America and he's facing 12 people who are going to decide his fate. That's about as fair as it's going to get anywhere in this country."
Kepler testified as soon as the shots were fired, people started emerging from houses and a dark underpass, and he left to avoid another confrontation.
Kepler said though he identified himself to Lake as a police officer, he was in plain clothes, in a personal vehicle and felt threatened by an approaching crowd.
Detective Mark Kennedy, who testified Tuesday about the investigation into the shooting, said Lake had a pocket knife in his jeans pocket, but there was no other weapon found at the scene of the shooting. Witnesses denied Lake was carrying a gun, he said.
11/9/2016 Related Story: Murder Trial Of Former Cop Delayed Briefly After Possible 'Jury Tainting'
Kennedy arrested Kepler when he turned himself in some time after leaving the shooting scene. He also served a search warrant on the Kepler home following the shooting death.
Under questioning by the prosecution, Kennedy said he has been lead detective on about 80 homicides, approximately 10 of those involving a claim of self-defense.
None of those people left the scene before police arrived, he said.
Kepler's trial has had many delays, the most recent just two days ago when the judge and attorneys discussed something that may have been overheard by jurors on the afternoon of November 4, 2016.
Jurors are said to have heard a conversation while riding in an elevator where someone said "cop is guilty." A man heard the remark and reported it to Kepler's attorney, Richard O'Carroll, as possible jury tainting.
That man said two jurors were in the elevator and other jury members may have been as well.
The judge warned jurors to not comment and to not listen to others' comments about the case.
Kepler's trial resumed Monday after the brief delay.
The closing is Thursday morning and then the case will go to the jury.
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