TULSA, Oklahoma - A judge denied a motion to dismiss the murder case against former Tulsa Police Officer Shannon Kepler.

He's accused of killing his daughter's boyfriend, Jeremey Lake.

Kepler's attorney said a fourth trial would be a case of former jeopardy.

Tuesday, however, the judge ruled Kepler will have a fourth murder trial. She also denied his attorney's request for dismissal that he filed Monday.

Kepler's attorney, Richard O’Carroll, filed a motion claiming former jeopardy. He said the fact that the third jury was deadlocked because they needed more evidence is a de facto not guilty verdict since his client is supposed to be innocent unless proven guilty.

"After three attempts, three hung juries is a resolution. The state should recognize this, frankly. It's unfortunate, I'll say this, but I think a fair deal of it is personal," O’Carroll said.

O’Carroll said he's hopeful that this jury will see things differently than the ones in the past.

Kepler's new trial starts October 9th.