Monday, November 14th 2016, 9:53 am
A judge gave Shannon Kepler a one-year sentence but also set bond for an appeal.
Kepler spent the weekend in jail but now he's out to appeal his conviction and wait for another murder trial.
The former Tulsa police officer walked out of jail in the same clothes he wore the last day of his trial when he was convicted of two misdemeanors but avoided a murder conviction by the vote of a single juror.
His $850,000 bond sets him free while he appeals the conviction and stands trial for the death of Jeremey Lake.
Judge Sharon Holmes set the new trial date for February 6, 2017.
11/11/2016 Related Story: Prosecutor Promises New Trial After Hung Jury In Tulsa Cop's Murder Trial
Kepler’s attorney, Richard O'Carroll, said, "I need him out to prepare a defense."
O’Carroll said he'll prepare for the second trial just as he did the first.
"The real battle is yet to be fought and fought again, and the real work is defining the lay of the land on the murder case," he said.
Kepler's family was back in the courtroom for his sentencing but the victim's family didn't attend.
The former officer got a 12-month sentence - the maximum punishment.
The district attorney said it shows how seriously jurors and the court take what happened.
"We were one vote shy of him sitting in a jail cell on his way to the penitentiary," said Tulsa County District Attorney Steve Kunzweiler.
Kunzweiler said he too expects the second trial to go about like the first one but without the holdout juror that stopped a conviction.
"It's a pretty simple case,” he said. “I've got two eyewitnesses who literally saw what happened to Jeremey. From there we built our case on the circumstantial evidence."
Kepler's next murder trial is set for February but his defense team plans to appeal the verdict in the first case even as they get ready for the second.
The judge will rule on the new trial later this month. If Kepler loses there, his attorney plans another appeal on the state level.
November 14th, 2016
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