Judge won't dismiss case against Oklahoma City man whose murder conviction was overturned

McIntyre testified during the trial that he and Sanchez left the house after an altercation and were walking up the street when Thompson came up behind them and stabbed them.

Kimbrough and Miller were accused of withholding a statement made by witness Jose Padilla that was “inconsistent” with what he previously told police about where the killing took place.

Padilla told investigators after the trial the stabbings occurred in the driveway of Thompson's house, which would have supported Thompson's self-defense claim, his attorneys contend.

“If this stabbing happened in the driveway, then it changes our argument,” Smith told the judge.

Thompson's attorneys said they will appeal the ruling to the state Court of Criminal Appeals, which could delay their client's Dec. 10 trial date.

Sanchez's stepgrandmother, flanked by the victim's mother and aunt, said she was pleased with the ruling.

“The only thing we're wanting is justice for Manuel,” said Tilda Scott-Harjo.