Friday, March 10th 2023, 5:20 pm
A Tulsa mother feels like justice has been ripped away because the man responsible for her son's death is going from a life sentence to possibly 17 years in prison.
Jonathan Stephens was murdered by Emmitt Sam and Nathan Simmons during a carjacking spree in 2016. Sam's conviction in state court was overturned because of the Supreme Court's McGirt decision, and his was case moved to federal court. Sam pleaded guilty in federal court today to a lesser charge of carjacking resulting in a death.
Prosecutors say after Johnathan was shot and killed, Sam and Nathan Simmons carjacked more victims.
Johnathan's mother Kim Stephens went to every single court hearing for years to make sure her son got justice. But she didn't go on Friday and instead spent the day with her young granddaughter, who has lived the last seven years without her dad. Kim says she’s hurt and disappointed.
"There is no closure. And what this has done is open all those old wounds and those old wounds have to heal again,” said Kim. "To turn around and find out that all of that was thrown out, and now we've got to start all over again, with a completely different ruling, its very frustrating."
Kim says federal prosecutors told her they believed a plea agreement was the best way to make sure he spends time in prison.
U.S. Attorney Clint Johnson sent News On 6 a statement saying:
“Every investigation and prosecution is unique. My office must weigh the evidence at the time of trial and determine the most effective way to proceed. Needless to say evidence can change over time. We communicate directly with families to discuss those strategies, as we did in this case."
Kim says her heart breaks for Johnathan's now 9-year-old daughter Serenity.
"She's to the point now where she's asking questions about her dad. She wants to know how my dad was when he was alive,” said Kim.
Kim says it's important to keep Johnathan's legacy alive, especially for Serenity.
"Emmitt's family still has Emmitt. Yes, he's in prison, but he's still here. I don't have that. Serenity doesn't have that,” said Kim. "I hope the McGirt ruling will be changed and I hope no other family has to go through what we have gone through."
Even though prosecutors have recommended Sam spend 17 years in prison for pleading guilty, the judge will have the final say on his sentence at a later date.
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