Tulsa Judge Denies Convicted Cop Killer's Request For A DNA Test In 1993 Case

A Tulsa judge denies a Tulsa cop killers’ request to have DNA tested that the killer believes would prove his innocence.

Anthony Kimbrough was sentenced to life without parole for shooting and killing Officer Gus Spanos during a traffic stop in 1993. Prosecutors say Kimbrough has been trying to find ways to get out of prison ever since.

"It is a big relief today that we don't have to do this again,” said Gus Spanos' Widow, Christie Mulkey.

Prosecutors and Spanos' widow say the jury found the truth in 1994 at the trial, and that DNA testing 30 years later won't change all the other evidence they had against Kimbrough. This evidence included an eye witness and Kimbrough telling multiple family members he "shot a cop." Today, the judge agreed.

"Every time we hear his name it brings up the pain and the hurt,” said Mulkey.

Mulkey says it's frustrating that she is still in a courtroom 30 years later, having to fight for Gus and the truth.

"It is crazy to have to be here 30 years later, literally 30 years later, going through this again and seeing his face. I hope he realizes now he's at a lot cause and to give up and stop trying to say he's innocent,” said Mulkey.

Kimbrough has been arguing his innocence for three decades, and recently asked for DNA testing on a set of fingerprints, a shell casing from the murder scene, and a pillow that were all used as evidence during the trial. He says DNA tests would prove he didn't shoot Officer Spanos.

But, in order to get the DNA testing, Kimbrough's attorney had to prove five things, including that there is reasonable probability that if favorable results came from DNA test, the outcome of the trial would have been different.

The judge and prosecutors say the DNA is irrelevant, because there's other evidence, such as Kimbrough telling his cousin he shot Spanos because he didn't want to go to jail.

"He hid the car in his uncles garage, and then to another uncle he talked about how, don't come back to Tulsa, there's too many policemen out there, and when his uncle confronted him and asked him 'did you shoot that police officer?' His response was 'I hid the car and I hid the gun,” said Tulsa County Assistant District Attorney Meghan Hilborn.

Prosecutors say the work doesn't stop after a conviction. They keep working to protect the conviction, even 30 years later.

"It is amazing today to be in a courtroom filled with people who remember Officer Gus Spanos and want to make sure the truth is still out there and everyone knows what happened to him,” said Hilborn.

"He thinks he has a fight but Gus didn't have a fight, he died immediately and Judge Moody put an end to the fight today,” said Mulkey.

Kimbrough can now appeal the decision to the Oklahoma Court of Criminal Appeals.