Request to expunge record to proceed, court rules
A man charged with three deaths during a 1996 shoot-out should be allowed to try to wipe clean the record of his arrest, an appellate court ruled Tuesday. The 1999 trial of Tybream Demont Rogers was declared a mistrial after a defense attorney raised allegations of sexual misconduct by an Oklahoma City police officer. In 2011, Rogers sought to have his role in the episode and three first-degree murder charges erased from his criminal file. Prosecutors objected; a trial court judge agreed and denied his request. The Oklahoma Court of Civil Appeals ruled Tuesday that Rogers, 37, is qualified to seek expungement. Rogers and another man were charged with three counts of murder in connection with the June 2, 1996, shoot-out in the parking lot of an Oklahoma City nightclub that left three dead. Neither Rogers nor the co-defendant were accused of firing the fatal shots, but were charged with murder in connection with the shoot-out. Rogers' 1999 trial was declared a mistrial when a defense attorney raised allegations of sexual misconduct against an arresting officer who had since been dismissed from the police force. The Oklahoma Court of Criminal Appeals ruled Rogers could not be retried because it would be double jeopardy. In documents supporting his expungement petition filed in Oklahoma County District Court, Rogers argued the charges unfairly hurt his chances of finding a job.
MICHAEL MCNUTT, CAPITOL BUREAU