TULSA, Okla. — A former Tulsa police officer is set to go to trial a fourth time in the death of his daughter’s boyfriend after a judge rejected his request to dismiss the case.

Shannon Kepler is charged with murder in the August 2014 fatal shooting of 19-year-old Jeremey Lake. Juries in three trials so far have deadlocked, leading to mistrials. Prosecutors announced last month that they would move forward with a fourth trial.

The Tulsa World reports that Kepler’s attorneys wanted the case dropped, arguing that jurors in his most recent trial “de facto” found him not guilty when each individually said he or she needed more information and evidence to reach a verdict.

District Judge Sharon Holmes rejected that request Tuesday and scheduled an Oct. 9 trial date.

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