Woman Resentenced For Killing Motorcyclists After Supreme Court Ruling On Tribal Jurisdiction

A woman who's been out of prison for two years has to turn herself in, after the Oklahoma Court of Criminal Appeals said she has to go back to prison to serve her 107-year sentence.

A jury found Kimberly Graham guilty in 2009 of hitting and killing five motorcyclists in 2007.

She served 12 years in prison before being released based on the Supreme Court's ruling on tribal jurisdiction.

District Attorney Steve Kunzweiler said this whole process has been a rough rollercoaster ride for the victims' families. He said they deserve actual justice.

After a two-year taste of freedom, Kimberly Graham is headed back to prison to finish her 107-year sentence.

"It's almost as saying, 'you're in prison, now you're out, oops we made a mistake, now go back to prison,'” said Steve Kunzweiler, Tulsa County DA.

She got 20 years for each count of first degree manslaughter and seven years for leaving the scene of a fatality crash, ordered to be served consecutively.

Graham was released under a Supreme Court ruling because Graham is Native American.

The Muscogee Attorney General charged Graham with five counts of homicide and leaving the scene.

She's been out on bond, pending her request to dismiss the case, arguing the statute of limitations had expired.

Graham's convictions and sentences are now reinstated.

"The Oklahoma Court of Criminal Appeals handed down a decision, the Mattloff decision that said, 'hey, if you already went through the criminal court process and you appealed your conviction, we're not gonna allow McGirt to go so far back to un-ring the bell of all these prior convictions,’” said DA Kunzweiler.

Graham's Attorney plans to file a federal appeal.

"I'm shocked by it. This is unprecedented. […] It's not following the law and the dissenting judges made it very clear that it was lawless. Completely lawless and I think the federal court is a less political arena and I think she'll fare better there,” said Richard O'Carroll, Defense Attorney. “The state screwed up and the state has the attitude that they should always win even when they screw up, and the courts just want to bend over backwards for them.”

Graham must turn herself into the county jail by April 20.