Thursday, August 24th 2023, 6:51 pm
The Tulsa County District Attorney’s Office won an appeal for a protestor arrested during the 2020 Trump rally in Tulsa. A judge dismissed the obstruction case against Sheila Buck in May because a key witness for prosecutors wasn't available to testify.
The judge dismissed the case with prejudice, meaning the prosecutors couldn't re-file the charges. Prosecutors argued the judge didn't have the authority to do that because prosecutors were ready to go to trial, even without that witness. The Court of Criminal Appeals agreed with the DA's office.
Sheila Buck was arrested for obstructing officers outside the 2020 Trump Rally. Buck had a ticket to the event, but police say she sat down on the ground at the security gate and refused to leave. In April of this year, prosecutors asked the judge to postpone the trial because one of their witnesses wasn't available. But, a month later, prosecutors said they would still go to trial without the witness, and that's when the judge dismissed the case.
Prosecutors argued the judge overstepped her power. A judge can dismiss charges but only prevent prosecutors from re-charging someone if the prosecutors did something outlandish or illegal.
This ruling means prosecutors can re-file the charges, and the case starts over. News On 6 left a message for Buck's attorney, and we are waiting to hear back.
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