F-2016-519
In OCCA case No. F-2016-519, Kevin Bernell Warrior appealed his conviction for first degree murder and possession of a firearm after a felony. In a published decision, the court decided to grant him a new trial due to newly discovered evidence that could change the outcome of the original trial. One judge dissented. Kevin Warrior was convicted of murder and sentenced to life in prison. The evidence used to convict him was mostly circumstantial, meaning it did not come from direct witnesses at the crime scene. At trial, it was believed that the weapon used in the murder was not found, and the state suggested that Warrior had a motive and opportunity to commit the crime, alongside some statements he made that seemed incriminating. After his conviction, Warrior learned while in jail that another man, Mikel Ball, had confessed to committing the murder during a robbery. This information came to Warrior from a fellow inmate, Marquez Goff, who had talked to Ball. Goff also found out that police had taken a gun from Ball shortly after his arrest, and that this gun matched the bullet from the murder victim. Warrior's lawyers filed a request for a new trial, arguing that this evidence was important and could not have been found before the trial. The court agreed that the evidence was new, could change the outcome of the first trial, and was not something that Warrior could have discovered in time for his original case. Thus, the court decided that Warrior should get a new trial because this new information showed a reasonable chance that he might not have been guilty of the crime he was convicted of.