TULSA, Okla. — Tulsa County District Attorney Steve Kunzweiller dropped a first-degree rape charge against one teen after an assault in Sperry.
In a statement released March 21st he wrote:
“During the course of this case, additional information was related to our office by the Defendant’s attorney. We investigated the information provided and were able to verify that the Defendant’s involvement was that of a witness and not as a principal. The Defendant did not commit a crime, nor was he cooperating with the commission of the crime alleged. We will proceed forward on our case against the other charged defendants. As we have consistently stated, each person charged with an alleged crime enjoys the presumption of innocence until and unless a judge or a jury determines otherwise.”
This is the latest development in this case:
- January 2025- Three teens charged with first-degree rape by instrumentation
- Feb. 12th - Adult charges dismissed against the teens
- March 7th - Tulsa County judge re-charged the teens as adults
- March 21st- Charges against one teen dropped
The lawyer for the teen no longer facing a rape charge released this statement:
"Today, I am happy to announce that all charges have been dismissed against my client. My client’s life has been needlessly disrupted. The impact this charge has had on this teen's life is immeasurable. That said, I have been communicating with the District Attorney’s Office regarding my client’s degree of involvement, and specifically his lack of involvement, in the incident. Thankfully, the District Attorney was willing to listen to me. I must continue to condemn the “investigation,” or more accurately the lack of investigation, into this incident by the law enforcement agency who brought the charges to the DA’s Office. The reports from law enforcement are ripe with errors and falsities. It was these reports coupled with a lack of any further investigation that led to the wrongful criminal felony - and worst of all adult - charges being filed against my juvenile client, who did not commit any crime whatsoever. The public and social media are quick to judge, but I simply ask that you give grace and deference to those who are in possession of more information than you at the moment."
WATCH: Our most recent coverage:
DA Steve Kunzweiler's Office released this statement about the update:
“We respect and agree with the judge’s legal analysis and ruling in this matter. It has always been our Office’s position that the law permits the State of Oklahoma to charge the individuals involved in this case as adults. We look forward to proceeding with this case and fighting for justice for the victim.”
Their next preliminary hearing will be on March 26.
Brian Boeheim, a lawyer representing one of the teens, told 2 News:
"It's very frustrating, because these are minors, and they should be handled with the care that minors should be handled with. The fact that the state is somehow challenging the process to put them in an adult criminal court, confounds me."
Andrea Brown, representing one of the other teens charged, sent us this statement:
"My client and his family are disappointed with the court's decision today. It remains our position that the law is clear: the State cannot charge juvenile defendants as adults when the allegation is Rape by Instrumentation. Two judges have now heard argument on this issue, and they are not in agreement with each other. As such, we will now seek a review of this issue by the Oklahoma Court of Criminal Appeals. Given the particular facts of this case, I am perplexed as to why the State feels that justice requires my client to be prosecuted as an adult. The juvenile justice system, including the youthful offender program, is designed specifically for a case like this one. We urge the District Attorney's office to review the facts and circumstances here, to exercise its discretion allowed by law, and to charge my client as a juvenile or youthful offender so we can allow a judge or jury to weigh the facts and evidence to determine whether or not this crime even occurred as they claim."
The victim's lawyer sent this statement:
We are glad to hear the court agreed with the state of Oklahoma, and now these perpetrators can be prosecuted as adults. Of course the defendants will appeal this ruling. We will wait for the court’s decision on that front. However we are still vigorously prosecuting our own civil case in the jury trial system. We will continue to seek justice for our clients who have suffered tremendously.
The three students were charged with first-degree rape by instrumentation after an alleged incident in the fall of 2024.
Two coaches and the principal also had their teaching certificates suspended due to the investigation.
Local News
OSBE suspends 3 Sperry teaching certificates in connection to rape case
Seibert said that a state statute differentiates how first-degree rape and first-degree rape by instrumentation should be prosecuted. The three students were charged as adults, but the judge said because of the statute, the charges should be filed as Youthful Offenders.
The alleged victim's lawyer said the dismissal changed nothing on their end.
“The charges should now be filed in juvenile court. This changes nothing from the perspective of the plaintiff," Attorney Greg Denney said. "We fully intend on filing a lawsuit against the Sperry public school system, several administrators and the perpetrators of this crime. We have nothing further to comment on at this time."
The Tulsa County District Attorney's Office has a week to appeal the dismissal.
The office issued this statement about the dismissal:
The alleged facts of this case clearly demonstrate the State of Oklahoma’s position that rape in the first degree is rape in the first degree whether it is by the use of a penis or by the use of an object. The Oklahoma legislature has long made that point clear. While we are disappointed with today’s ruling, we stand by the filing decision in this case. Our office intends to appeal this ruling to the Oklahoma Court of Criminal Appeals. We will continue to seek every avenue of justice for the victim in this case.
2 News will update you as we learn more.
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