Thursday, August 26th 2021, 6:10 pm
A 14-year-old boy charged with stealing a truck, running from troopers and killing an innocent mother and daughter in a crash, has had his case dismissed in state court.
Elias Gonzales is a member of a recognized tribe, so the state doesn't have jurisdiction to prosecute him.
Tulsa County prosecutors charged Gonzales as an adult with first-degree murder. The federal government will have to pick up the case, but they will have to get special permission from the tribe in order to prosecute Gonzales, because he is a minor.
Related Story: 14-Year-Old Suspect Arrested Following Deadly Pursuit, Crash In Tulsa
Troopers said Gonzales stole a truck in February near Coweta, then led OHP on a chase before crashing into an SUV near 21st and Garnett. The crash killed a woman and her daughter and injured a young boy who was also in the car.
Gonzales is a member of the Ogalala-Sioux tribe and the judge agreed.
"There are a lot of open questions that McGirt brought upon us. The fact we have a 14-year-old accused of murder creates a very significant issue for us, because the federal government has different rules, the state has different rules and the tribes have different rules,” said Tulsa County Assistant DA Kevin Keller.
Prosecutors said they plan to appeal the judge's decision because they believe justice only comes if Gonzales is charged as an adult.
Related Story: Video Captures Moments Before Multicounty Chase Ends With 2 Killed, 1 Injured
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