11/12/2021- 4:10 p.m.
A woman convicted of slicing up the corpse of a woman in a casket, has had her conviction and sentenced dismissed.
Shaynna Sims argued the state didn’t have jurisdiction to prosecute her, not because she’s Native American, but because her victim, Tabatha Lynch was and because the crime happened in Tulsa, which is within the boundaries of the Creek Nation.
In 2015, Sims had gone into a funeral home at 19th and Memorial, where Lynch was in a casket.
Court records say Sims cut Lynch from the forehead to the top of her nose, cut her hair, smeared her make-up, cut off a toe and both breasts.
Records say Sims took photos, including of her actually cutting off the toe and removed Lynch’s pants and took photos of the body and took the shoes of Lynch’s feet.-It says Sims then went to Lynch’s apartment near 49th and Mingo and talked to the victim’s son, claiming to be with the funeral home and requesting a photo of Lynch.
In the meantime, family and friends had been notified by the funeral home and they suspected Sims did it and held her at the apartment until police arrived to arrest her.
In April of 2017, a jury found Sims guilty of concealing stolen property, burglary, unauthorized dissection of a body, unlawful removal of a body part and interrupting a funeral.
She was sentenced to, 2 years, 7 years, 1 year, 5 years and 5 years (total of 20) and the judge ordered them to run back to back.
When Sims appealed recently, based on the McGirt ruling, the court did find the victim, had 1/64 Indian blood and the crime did occur within the boundaries of the Creek Nation.-The appeals court ordered Tulsa County to dismiss the case.
We are checking to see whether the feds can re-file the case of if the statute of limitations has expired.-One of the appeals judges agreed with the decision but said, if the statute of limitations has expired, dismissal then becomes inappropriate.
Another appeals judge who also agreed with the decision said the McGirt decision has a far reaching impact on the criminal justice system in OK and expressed a need for a practical solution by Congress.
A family member tells us Sims was released from prison yesterday afternoon.
