Oklahoma City drive-by shooter loses U.S. Supreme Court appeal

The U.S. Supreme Court on Tuesday rejected the appeal of Kendrick A. Simpson, who was convicted of killing two men in a drive-by shooting in 2006 in Oklahoma City.

Simpson, 39, is now the 23rd Oklahoma death row inmate eligible for an execution date when the state resumes executions.

Simpson was convicted of killing Glen Palmer, 20, and Anthony Jones, 19, after a confrontation at an Oklahoma City nightclub. Another man was wounded. Simpson fired as many as 25 shots from a semi-automatic rifle at the men, who were in a car driving on Pennsylvania Avenue near I-44.

Simpson received two death sentences. Two other men in the car with Simpson made plea deals for 20-year prison terms.

In his appeal to the Supreme Court, Simpson argued that his lawyer provided ineffective assistance during the punishment phase of his trial and that the 10th U.S. Circuit Court of Appeals improperly deferred to the reasoning of the Oklahoma Court of Criminal Appeals, which upheld the death sentences.

The Oklahoma Attorney General's office urged the Supreme Court not to review Simpson's case, arguing that it had received proper review from state and federal appeals courts.

Simpson "created a great risk of death to more than one person when he emptied his AK-47 into a car carrying three people. This, along with (Simpson's) prior criminal history and his attempt to try to arrange for the murder of the surviving witness shows the jury was correct in finding (he) constitutes a continuing threat to society," the attorney general's office wrote, addressing one of Simpson's arguments about his sentence.

The 10th Circuit Court applied deference to the sentencing jury and deference to the Oklahoma Court of Criminal Appeals, the attorney general's office told the Supreme Court.

The high court declined without comment to review Simpson's appeal.

Oklahoma has not executed an inmate since 2015. Last year, the state abandoned lethal injection as its execution method and has been exploring the use of nitrogen gas.