Bryan County D.A. to Seek Retrial in Death Sentence Reversal - KTEN.com - Texoma news, weather and sports

Bryan County D.A. to Seek Retrial in Death Sentence Reversal

Posted: Updated:

BRYAN COUNTY, OK -- A Bryan County murder case from nearly 14 years ago is set to start all over again. That's because a murder conviction and death sentence have been reversed. Deeda Payton spoke to the Bryan County District Attorney about the decision.

The conviction and death penalty were upheld by the Oklahoma Court of Criminal Appeals, but it was a federal court, the 10th Circuit Court of Appeals, that sent the case back to square one.

Ernest Eugene Phillips was convicted of the 1996 fatal stabbing of 17-year-old Roderick Jason McFail of Pilot Point, Texas.

We obtained the court records from the appeal. It states the reason for the reversal is because of the way the trial was handled by the court in Bryan County. The 10th Circuit Court of Appeals believes that the evidence would have supported a verdict on both first-degree murder and the lesser offense of second-degree depraved mind murder which isn't punishable by death. "They felt that the judge should have instructed on second degree depraved mind murder because they felt that the facts warranted that the jury should have a choice on either first degree or second degree murder," said Bryan County District Attorney, Emily Redman.

Redman says she will ask for a retrial, but feels for the victim's family who will have to live through a second murder trial all over again. She says she broke the news to McFail's mother who is shocked and disappointed about how the case has turned out.

Deeda Payton, KTEN News.

  • NewsMore>>

  • Clear the Shelters: Pet connections in Ardmore

    Clear the Shelters: Pet connections in Ardmore

    This sweet dog found a new owner at the 2019 Clear the Shelters event at Ardmore Animal Care. (KTEN)This sweet dog found a new owner at the 2019 Clear the Shelters event at Ardmore Animal Care. (KTEN)
    This sweet dog found a new owner at the 2019 Clear the Shelters event at Ardmore Animal Care. (KTEN)This sweet dog found a new owner at the 2019 Clear the Shelters event at Ardmore Animal Care. (KTEN)

    In the first hour alone, 30 animals were adopted at Ardmore Animal Care.

    More >>

    In the first hour alone, 30 animals were adopted at Ardmore Animal Care.

    More >>
  • Texas Lt. Gov. Patrick receives stent after heart blockage

    Texas Lt. Gov. Patrick receives stent after heart blockage

    Saturday, August 17 2019 7:36 PM EDT2019-08-17 23:36:59 GMT
    Texas Lt. Gov. Dan Patrick. (File)Texas Lt. Gov. Dan Patrick. (File)
    Texas Lt. Gov. Dan Patrick. (File)Texas Lt. Gov. Dan Patrick. (File)

    Texas Lt. Gov. Dan Patrick has had a stent inserted in his chest after experiencing a heart blockage Thursday evening.

    More >>

    Texas Lt. Gov. Dan Patrick has had a stent inserted in his chest after experiencing a heart blockage Thursday evening.

    More >>
  • BLOG: Clear the Shelters with KTEN

    BLOG: Clear the Shelters with KTEN

    KTEN meteorologists Alana Cameron and Amber Nowaski with some adorable adoptables at the Denison Animal Welfare Group. (KTEN)KTEN meteorologists Alana Cameron and Amber Nowaski with some adorable adoptables at the Denison Animal Welfare Group. (KTEN)
    KTEN meteorologists Alana Cameron and Amber Nowaski with some adorable adoptables at the Denison Animal Welfare Group. (KTEN)KTEN meteorologists Alana Cameron and Amber Nowaski with some adorable adoptables at the Denison Animal Welfare Group. (KTEN)

    Here are the latest dispatches from our personnel visiting the four Texoma animal shelters offering special incentives for pet adoptions on Saturday.

    More >>

    Here are the latest dispatches from our personnel visiting the four Texoma animal shelters offering special incentives for pet adoptions on Saturday.

    More >>