By BOB GIBBINS
A Tulsa man has been denied his motion to dismiss first-degree murder and attempted robbery charges pending against him in Cherokee County.
Allan Bogere Ssettimba, 21, argued through defense attorney Cecil Drummond that the charges should be dismissed because of double jeopardy concerns.
Prosecutors responded that the felony murder and attempted robbery counts are separate distinct charges, each requiring prosecutors to prove an additional element of a crime. Assistant District Attorney David Pierce argued that therefore, there is no double jeopardy issue as the case is now filed.
Ssettimba, who is free on a $125,000 bond, is charged with the Dec. 4, 2008, shooting death of Jaymee Brewer and the attempted robbery of Charles Lease. Prosecutors say Brewer and Ssettimba were trying to rob Lease when Lease produced a gun and fatally shot Brewer in the chest.
Ssettimba was charged with Brewer’s death because the two men were allegedly involved in the commission of a felony – the attempted robbery – when the shooting occurred.
District Judge Jeff Payton denied the defense motion and set the case for District Judge Darrell Shepherd’s Dec. 2 jury trial sounding docket.
Assistant District Attorney David Pierce is prosecuting the case.
