Ware’s defense files three motions, including a call for a mistrial, ahead of sentencing phase

TULSA, Okla. — UPDATE, 4/25/2022, 2:00 p.m.: The motion to withdraw Gifford has been granted. The mistrial and continuance motions were then withdrawn at Kevin Adams’ request.


David Ware was found guilty of multiple charges, including first-degree murder, Friday night.

The verdict was handed down just hours after deliberations begun.

Now, attention turns to the sentencing phase. Ware’s co-counsel Robert Gifford filed three motions Monday morning. One was a second motion for a mistrial, on two grounds. The first was sealed, but the second involves Sgt. Johnson’s body camera.

During the trial, the state ended the video just after the shooting. But, the defense claims that the jury had access to the entire video during deliberations. The defense also claims that the entire video captures Sgt. Johnson’s attempts at speaking.

The state says that the jury may have had access to the video, but they never watched it because they didn’t have access to a television.

The second motion asked for continuance of the second stage of proceedings, which includes pushing back this part of the trial.

The third motion was to withdraw Gifford as a co-counsel.

Right now, the defense is meeting with the judge.

Prosecutors are fighting for the death penalty in this case.