Definitely prosecutorial misconduct. Time for the county to replace the DA.
“Kay County District Attorney Brian Hermanson recused himself from the case and the OSBI [Oklahoma State Bureau of Investigation] issued its findings to Stephens County District Attorney Jason Hicks for review. Hicks submitted the evidence to the multi-county grand jury.”
https://www.poncacitynow.com/blackwell-police-lt-john-mitchell-indicted-in-may-shooting-death/
“Hicks also expressed his gratitude for the multiple law enforcement agencies that were involved in the immediate aftermath of the shooting as well as in the ongoing investigation. Among those agencies were the Duncan Police Department, Stephens County Sheriff’s Office, Oklahoma Highway Patrol, members of the District 6 Violent Crime Investigators, Oklahoma State Bureau of Investigation, Federal Bureau of Investigations, and Oklahoma Bureau of Narcotics.”
https://www.marlowreview.com/articles/6900/view
“DUNCAN, Okla. — The Latest on a shooting at a Walmart in Duncan, Oklahoma (all times local):
2:30 p.m.
Authorities in Oklahoma are emphasizing that the investigation into a fatal shooting outside a Walmart is preliminary, but that it was an “isolated incident.”
Stephens County District Attorney Jason Hicks said during a press conference that there was never an active shooter Monday inside the Walmart in Duncan. The shooting that left three dead, including the shooter, happened in the store parking lot.”
http://www.startribune.com/the-latest-highway-patrol-says-3-killed-at-oklahoma-walmart/565095532/