OKLAHOMA CITY-
A man on death row for a slaying during a botched robbery at an Oklahoma City restaurant in 1996 failed Tuesday in his latest bid to have his conviction overturned.
A three-judge panel of the 10th U.S. Circuit Court of Appeals rejected arguments made on behalf of Kevin Young, 40, that among several issues, his conviction was based on a lack of evidence, improper jury instructions, and lack of effective legal counsel.
Young was convicted in the slaying of Joseph Sutton, 56, who died in the May 14, 1996, shooting at Charles’ Steak House. Sutton ran a gambling operation in a back room of the restaurant, according to court documents.
Young and another man were accused of entering the business, pointing firearms at patrons and demanding money.
The Oklahoma Court of Criminal Appeals upheld Young’s sentence and conviction in September 2000.
Young was convicted of first-degree murder, attempted robbery with firearms, and shooting with intent to kill. A co-defendant was acquitted on identical charges.
