Tulsa District Attorney, Victims Seek Clarity On Tribal Jurisdiction Ruling: ‘It Affects Every Single Oklahoman’

Tulsa’s District Attorney as well as crime victims are trying to get political leaders’ attention involving the Supreme Court Ruling on tribal jurisdiction. 

A town hall is happening Wednesday night to answer questions about the ruling. District Attorney Steve Kunzweiler said it’s his way to explain how this ruling affects every Oklahoman.

Kunzweiler said his office has already received several lawsuits from Oklahoma businesses. Those businesses are now unsure where to pay taxes to - the Muscogee Creek Nation or the Oklahoma Tax Commission. 

Kunzweiler said there are also many questions prosecutors still have about how tribal members will be protected under this new ruling.

He said there needs to be a conversation soon by state, tribal and congressional leaders. 

“If that's a business trying to figure out what they're going to do with their obligations, that tells me that instability is present in more than just the courthouse that deals with criminal cases. It affects every single Oklahoman right now and we've got to come up with an answer,” Kunzweiler said.

Bobbi Nickel held a protest with other victims Wednesday night. Her brother was killed in a hit-and-run years ago. Kimberly Graham was convicted and sentenced to life in prison for the crash. 

“This is so frustrating,” Nickel said. “Never did I think that I’d have to advocate to keep my brother’s killer in jail.

Graham has argued she is part Cherokee and is trying to get out of jail on jurisdiction issues.

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Nickel said her story is just one of the thousands that victims' families are facing right now. 

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Nickel said people need to start speaking up and get the attention of political leaders.

“The community needs to understand that this is not just about criminal case being dismissed, this is an issue that’s going to affect every citizen in the state of Oklahoma at some level,” Nickel said. 

The Cherokee Nation also sent a statement saying,

“First and foremost, the victims and their families in these cases have our full support. We understand that this process is painful to revisit, and the Cherokee Nation remains in close contact with victims of cases falling under our jurisdiction to ensure we are doing everything we can to fight for justice. We've also increased funding for victim support services so that no one is left without the help they may need.

Following the McGirt decision and in preparation for the OCCA's ruling and subsequent case dismissals this month, we have been expanding our court capacity and budget, and updated our criminal code to ensure jurisdiction transitions go as smoothly as possible. We have already refiled more than 400 of these dismissed cases in tribal courts, and are working closely alongside our federal partners as they do the same. We want our citizens and all of our neighbors in Oklahoma to feel protected, and no one should fear a surge of violent criminals suddenly running free.

We also recognize that this situation is the result of over a century of misapplied criminal law that is finally being rectified, and that with some cases it may not be a simple process. In some cases, due to restrictions on our own prosecutorial authority in tribal courts, as well as the federal government's limited resources and the statute of limitations, resentencing may not be possible. While these make up only a small minority of cases, it is not fair that the victims are put in this situation through no fault of their own. We understand there is more work to be done and are doing everything we can with our federal and state partners to improve the system so that these unacceptable gaps in jurisdiction no longer exist. Tribes, the federal government, the Oklahoma Legislature and our state agencies must be working closely to make clear that our shared priority is keeping the public safe.” – Cherokee Nation Attorney General Sara Hill