Judge won't dismiss case against Oklahoma City man whose murder conviction was overturned
Defense attorneys contend Billy M. Thompson, 26, shouldn't be retried for the 2010 killing of Manuel Leon Sanchez, 21, because ex-prosecutors withheld evidence favorable to their client.
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.
See our commenting and posting policy.
News Photo Galleriesview all
- 11884OKC Thunder: Thunder trio praise fans before potential departures
- 10282Oklahoma weather: Crews work to clear storm damage in Oklahoma City as the state braces for severe weather Sunday.
- 7018Student shot dead during botched home invasion
- 5955Oklahoma State football: Todd Monken thinks Wes Lunt should've stayed in Stillwater
- 5764Oklahoma medical examiner reports cause of deaths in Grand Lake boat crash
- 4633Oklahoma Severe Storm Updates
- 4517Soaring gasoline prices hurt Oklahoma City area retailers