The State of Oklahoma moved to dismiss murder charges against Koalton Ellis on Tuesday morning. The first degree murder charges were dismissed based on lack of jurisdiction.

The victim, Buffie Raulston was a member of Native American tribe. Due to this, Ellis cannot be prosecuted in Washington County based on the controversial McGirt court decision.

Ellis was accused of stabbing and killing Raulston at the Skyline Motel in Bartlesville in late July. Surveillance footage from the Skyline Motel appears to show Ellis stab the victim multiple times before walking away. Ellis then returned to stab the victim several more times. The victim died weeks later due to injuries sustained.

The defendant could still be subject to federal charges. The United States Attorney’s Office will be filing for a tribal hold on Ellis. This should be granted before the case is dismissed on December 28 meaning that Ellis would not be released from jail.