Updated

A white former police officer facing a fourth murder trial in Oklahoma in the 2014 fatal shooting of his daughter's black boyfriend is asking a judge to dismiss the case.

Attorneys for former Tulsa officer Shannon Kepler are expected in court Friday morning ahead of Kepler's Oct. 9 trial — his fourth in less than a year.

His attorneys have sought to have the case dismissed on several grounds since a mistrial was declared in Kepler's third trial.

The attorneys have argued that since Kepler is a member of an American Indian tribe, he can't be tried by state prosecutors. Another motion claims repeated trials violate Kepler's right to due process of law.

Kepler is charged in the fatal shooting of 19-year-old Jeremey Lake while he was off-duty.