Thursday, April 4th 2024, 10:41 pm
Gov. Kevin Stitt's brother, Keith Stitt is suing the City of Tulsa over a $250 speeding ticket he got three years ago.
He says the Tulsa Police Department does not have jurisdiction because he is a tribal member who was given a ticket on tribal land.
Keith was convicted in municipal court and fined.
He appealed and the case is now in the hands of the Oklahoma Court of Criminal Appeals.
Tulsa Police say Keith Stitt was driving 78 in a 50 mph zone on U.S. Highway 75-which is part of Muscogee Creek Nation when he was pulled over and ticketed.
Stitt is a tribal citizen of the Cherokee Nation.
The lawyer representing the Governor's brother Keith filed the lawsuit because he says state courts don't have jurisdiction over tribal citizens who commit crimes on tribal land.
Brett Chapman says that's because of the Supreme Court's 2020 ruling on tribal jurisdiction.
Keith Stitt's attorney, Ben Chapman, said "This is about simply following the laws and I would again say if you went to any docket of like the Muscogee nation court, you're going to see tons of people in there charged for more serious crimes then speeding, you're going to see people charged with domestic violence, you're going to see people charged with DUI, And those cases have been sent over by law enforcement."
Gov. Kevin Stitt argues that the ruling was incorrectly decided adding that state courts have jurisdiction over cases like his brother's ticket and more serious crimes.
He told News on 6 in a statement the Tulsa Police need to be able to enforce the laws and keep their communities safe.
While the Muscogee Creek Nation along with the other tribes disagree with the governor's position.
The Muscogee Creek Nation said in a statement Keith Stitt's case should be transferred to its court system.
“The Muscogee Nation appreciates the United States filing an amicus brief in the Stitt v. Tulsa case in support of long-standing and fundamental principles of federal law—that the State lacks criminal jurisdiction over Indians in Indian country. The United States’ brief is consistent with the legal arguments asserted by the Nation in every court where the authority of the Nation in its own Reservation is challenged. Tulsa should abandon this case immediately and forward Mr. Sitt’s file to MCN for prosecution.”
Either way Chapman argues the Governor's brother isn't disputing the fact he was speeding.
"My client is certainly not trying to get out of a traffic ticket just for fun right, because he's playing the Indian card, that's not what's happening here," said Chapman.
He's disputing who's to decide the consequence.
"The whole case at the end of the day is being prosecuted by the court with proper jurisdiction paying the fine to the court with proper jurisdiction and we have a court here that doesn't have it," said Chapman.
The city of Tulsa said it doesn't comment on pending lawsuits.
Gov. Kevin Stitt also added maybe Keith shouldn't speed;
"Public safety is at stake here. The Tulsa police need to be able to enforce the laws and keep their communities safe. Having no closure after the Hooper case, communities in eastern Oklahoma need assurance that there is one set of rules, regardless of race or heritage. The City of Tulsa is right. Their opposition is not. And maybe Keith shouldn’t speed,” said Gov. Stitt.
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