Tulsa County DA expresses concern with Muscogee/Tulsa settlement agreement

Tulsa County District Attorney Steve Kunzweiler does not agree with the new agreement reached between the City of Tulsa and the Muscogee Creek Nation.

The city says the agreement means Tulsa will send municipal cases against tribal citizens to be handled by Muscogee Nation courts. Tulsa County District Attorney Steve Kunzweiler says the agreement also covers state court, and he wasn't consulted before the mayor made the agreement.

Kunzweiler says he'd like to see discussions take place so the mayor's office can hear from law enforcement and everyday people.

Concerns Over Law Enforcement Authority

Kunzweiler says he's concerned that the agreement will kneecap local law enforcement's ability to prosecute crimes.

"Are you telling me now that a case that I could handle in state court and hold somebody accountable and get them off our streets — now we're going to send it down to a place where the maximum punishment is three years? That's not justice for victims," he said.

How the Agreement Would Work

The city says the agreement states that if a tribal citizen is charged with things like speeding or first-time DUIs, those cases would be handled by the Muscogee Nation Tribal Court instead of municipal court.

"The question is just, where is that referred that on the back end? It has nothing to do with what happens at the point of interaction," said Mayor Monroe Nichols.

But Kunzweiler says the settlement states: "The City will not initiate prosecutions in Municipal Court or the Courts of the State of Oklahoma against known Indian defendants for conduct occurring on the Nation’s Reservation." He says that opens the door for more serious cases to be left up to the Muscogee Nation.

Debate Over What This Means

"It's taking away from the citizens of the State of Oklahoma — who are Muscogee Nation, who are Cherokee Nation, who are Black, who are white, who are Hispanic. It's taking away the protections that the State of Oklahoma can afford to those people," said Kunzweiler.

Mayor Nichols says this agreement does not create a two-tiered justice system.

"It simply ensures that defendants, no matter who they are, find themselves in the most appropriate court to be prosecuted," said Nichols.

The District Attorney says he's still willing to meet with the mayor to talk about the new agreement.

Patrick Stephens, the chairman of the Tulsa Fraternal Order of Police, sent News On 6 a statement that says: "Under the system proposed by this agreement, you can have a situation where two suspects committing the same crime are treated differently because of their affiliation with a tribe. One suspect could end up in prison while the other suspect could face less severe consequences. This creates two tiers of justice. As law enforcement leaders, we cannot stand for this."