Former Tulsa Police Officer's Murder Trial To Start Over

A former Tulsa Police officer went to jail this morning, convicted for reckless use of a firearm, but his murder trial will start over.

A jury deadlocked in the Shannon Kepler case, but they were one vote away from a conviction.

Two years and three months after the death of Jeremey Lake, his family left the courthouse, again, to wait for justice.

Former Officer Shannon Kepler, in legal limbo since the shooting, went to jail a second time and still faces a murder charge.

Prosecutors, after the jury deadlocked at nine hours, promised a new trial.

"We're going to have to obviously retry the case on the murder charge," said Steve Kunzweiler, Tulsa County District Attorney. "I still am going to be pursuing justice for Jeremey."

The defense team was relieved that a single juror held out, even though 11 voted to convict.

"Whoever those jurors were who were siding with Mr. Kepler, he thanks them," said Kepler's Defense Attorney Richard O'Carroll. 

The case has been in court since August 2014 when Kepler shot Jeremey Lake during a confrontation over Kepler's daughter.

She and Jeremey had just started a relationship, according to police.

Kepler said Lake pulled out a gun that was never found.

Prosecutors highlighted Kepler's decision to flee the scene.

Kepler's conviction was for reckless use of a firearm for shooting towards his own daughter Lisa and Michael Hamilton, the dead man's brother.

Prosecutors claimed Kepler was trying to kill them too but the jury reduced the charge.

"We think it's a victory to get two counts that potentially carried a life sentence, reduced to misdemeanors," O'Carroll said. 

Monday, prosecutors will ask for a new trial on the murder charge and Kepler will face sentencing on the firearm conviction.

The jury recommended six months, but the defense wants Kepler out on bond while they appeal and wait on the second trial.