Woman’s 107-year prison sentence may run short in Tulsa drunk driving deaths

TULSA, Okla. — A woman sentenced to more than 100 years in prison may be released after only serving 11 years.

A jury convicted Kimberly Graham in 2009 after police say she hit and killed five people while driving drunk near 12th and Memorial in 2007.

An affidavit shows Graham hit a group of people who were helping a motorcyclist who had been in an unrelated accident moments before.

Graham’s 107-year sentence may now be vacated as her attorney has filed for “post-conviction relief” based on the recent McGirt vs. Oklahoma ruling in the U.S. Supreme Court as Graham is Native American -- making the case fall under federal jurisdiction.

Thursday a judge decided to delay the decision as both sides reportedly need more time to submit their arguments to the court.

After court Thursday, Graham’s defense attorney Richard O’Carroll said he feels procedurally her case is in a very good position. He says “according to Oklahoma statutes she should get due process, it should get dismissed.”

Tulsa County prosecutors say Graham has already been given due process, that she was convicted by her peers, saying it didn’t matter if it was in state court or federal court. They say a jury is a jury.

The decision is now set to be made in mid-November.

Both sides say they plan to appeal the decision if it goes against them.

One of the victims in the case was 29-year-old Casey Jones. His family says it’s gut-wrenching to have to go through and relive this process again. They say it’s unthinkable that justice may not be fully served.

The Tulsa County District Attorney’s Office says they are fighting these post-conviction relief cases involving the McGirst decision, especially these types of cases where the statute of limitations has run out, meaning the case could not be retried in federal or tribal courts.

They say in these types of cases the argument to uphold the state conviction weighs heavily in their favor.