Lekha G
The Oklahoma Court of Criminal Appeals overturned the death sentence of a man convicted of beating a 16-year-old Braylee Henry to death in 2012.
The Court overturned the death sentence and conviction of Choctaw Nation Member, Miles Bench following the US Supreme Court’s recent federal ruling on tribal jurisdiction that the State lacks jurisdiction for crimes committed on tribal reservations in which the defendants or victims were tribal citizens.
Miles Sterling Bench, aged 30 was convicted for beating Henry inside a convenience store in Velma, about 70 miles south of Oklahoma City, where Bench worked.
Prosecutors contended that Henry had entered the store to purchase a soda and candy when she was attacked. Her body was later found on property owned by Bench’s grandparents.
The State Court found that Bench was a member of the Choctaw Nation and the crime had occurred on land within the historic Chickasaw Nation reservation.
The Court has turned over at least four death sentences based on the Supreme Court ruling, known as McGirt and could toss as many as six more.
The overturned cases now fall under the jurisdiction of Federal Authorities.
Although Federal Prosecutors have the authority to pursue the death penalty, the tribal nation must also agree to them and only one nation namely the Sac and Fox Nation of Oklahoma have explicitly authorized the death penalty in federal cases.