TULSA, Okla. — A 16-year-old charged as an adult in the murder of a 13 year old in Tulsa will now be considered a juvenile in federal court instead.
A judge dismissed state charges against Kyng Smith today because he a member of an Oklahoma tribe.
Smith was accused in a gang related shooting that killed 13 year old Lamar Norman in December at the Savanna landing apartments.
But because smith is a member of the Muscogee Nation, the state had to dismiss the charges against him.
However, First Assistant District Attorney, Erik Grayless says the federal government will now prosecute it.
"We’ve had communication with the federal government, they are picking up this prosecution," says Grayless.
As soon as the case was dismissed the FBI was there to take Smith into custody.
Smith’s co-defendant, 13-year old Skylar Neil, faces the same adult charges.
But Neil is also claiming to be Native American.
"He is also alleged to be Indian, however we are contesting his native American tribal status for a variety of legal reasons," says Grayless.
Grayless says it took longer than normal for the federal government to take over the case, because of smith’s status as a juvenile.
“With the juveniles it’s a lot harder. They may not have a card of their own, they may be receiving services or a tribal membership through a parent so it becomes much more difficult for enforcement to figure out where these individuals go, when they are juveniles."
We reached out to the US Attorney’s office.
They told us they cannot comment on any charging decisions, but they do prosecute juvenile cases involving Native American defendants.
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